QueenslandWasteReductionandRecyclingAct2011Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposed
amendments to the Act included in the Waste Reduction andRecycling (Waste Levy) and Other Legislation
Amendment Bill 2018. Thisindicativereprinthasbeenpreparedforinformationonly—it is
not anauthorised reprint of the Act.SomeenactedbutuncommencedamendmentsincludedintheStatePenaltiesEnforcementAmendmentAct2017No.13andtheWasteReduction and
Recycling Amendment Act 2017No. 31 have also
beenincorporated in this indicative
reprint.The point-in-time date for this indicative
reprint is the introduction date forthe Waste
Reduction and Recycling (Waste Levy) and Other LegislationAmendment Bill 2018—6 September 2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 1
Preliminary[s 1]Waste Reduction
and Recycling Act 2011An Act to encourage the proper use of
resources by improvingwaysofreducinganddealingwithwasteandtorepealtheEnvironmental Protection (Waste Management)
Policy 2000Chapter 1PreliminaryPart 1Introduction1Short
titleThis Act may be cited as theWaste Reduction and RecyclingAct
2011.2Commencement(1)The
following provisions commence on 1 December 2011—•chapter 3, parts 3, 4 and 7•sections 63 and 65•chapters 5, 6, 7 and 8•chapter 15, part 1•sections 300 and 301•chapter 16, parts 1, 2 and 3.(2)Chapter 16, parts 4 to 7 commence on a
day to be fixed byproclamation.Current as at
[Not applicable]Page 23
Waste
Reduction and Recycling Act 2011Chapter 1
Preliminary[s 3]Part 2Objects, applicable principlesand
application of ActNotauthorised—indicativeonly3Objects of
ActThe objects of this Act are the
following—(a)to promote waste avoidance and
reduction, and resourcerecovery and efficiency
actions;(b)toreducetheconsumptionofnaturalresourcesandminimisethedisposalofwastebyencouragingwasteavoidanceandtherecovery,re-useandrecyclingofwaste;(c)to
minimise the overall impact of waste generation anddisposal;(d)to
ensure a shared responsibility between government,businessandindustryandthecommunityinwastemanagement and
resource recovery;(e)tosupportandimplementnationalframeworks,objectivesandprioritiesforwastemanagementandresource recovery.4Achieving Act’s objects(1)If,underthisAct,afunctionorpowerisconferredonaperson, the person must perform the
function or exercise thepower in a way that best achieves the
objects of this Act.(2)Withoutlimitingsubsection
(1),theachievementoftheobjects of this Act must if
practicable be guided by—(a)the waste and
resource management hierarchy; and(b)the
following policy principles (thewaste and
resourcemanagement principles)—(i)the polluter pays principle;(ii)the user pays
principle;(iii)the proximity
principle;Page 24Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 1
Preliminary[s 5](iv)the
product stewardship principle.5Approach to achieving Act’s objectsThe
objects of this Act are intended primarily to be achievedthrough approaches that include the
following—(a)preparation, implementation and
maintenance of a wastemanagement strategy for the
State;(b)providing for the preparation of
State, local governmentand industry strategic waste
management plans;(c)price signalling, including through
the introduction of alevy on waste delivered to a levyable
waste disposal site;(d)providing for
reporting requirements for the State, localgovernments and
business and industry;(e)banning
particular waste disposal;(f)identifyingpriorityproductsorprioritywasteandassociated management tools;(g)preparation,implementationandmaintenanceofapriority statement;(h)providing for product stewardship
schemes;(i)waste tracking requirements;(j)making end of waste codes and granting
end of wasteapprovals;(k)prohibiting particular conduct in relation
to waste;(l)appointingauthorisedpersonstoinvestigatemattersarising under this Act and otherwise to
enforce this Act;(m)supporting approaches mentioned in
paragraphs (a) to(l) through the making of regulations under
this Act.Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 1 Preliminary[s 6]6Act binds all persons(1)ThisActbindsallpersons,includingtheStateand,totheextentthelegislativepoweroftheParliamentpermits,theCommonwealth and the other
States.(2)However, the Commonwealth or a State
can not be prosecutedfor an offence against this
Act.Part 3InterpretationDivision 1Dictionary7DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.Division 2Key concepts and
definitions8The concept ofdisposal(1)This Act commonly uses the
expressiondisposalin relation
towaste.(2)Inpracticalterms,aprimaryoutcomearisingfromtheimplementationofthisAct’sprovisionsisintendedtobeareduction in the
amount of waste that permanently, or at leastindefinitely,effectivelybecomesincorporatedintoland,commonly
referred to as becoming landfill.(3)Accordingly, in this Act, a reference
todisposalin relation
towaste may ordinarily be taken to mean the
depositing of thewaste, other than on a temporary or short
term basis, into oronto land.(4)Subsection (3) does not limit whatdisposalmay be taken
tomean in an appropriate context.Page
26Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 1
Preliminary[s 8A]8AMeaning ofwaste disposal
siteAwaste disposal siteis a
waste facility to which both of thefollowing
apply—(a)theoperatorofthefacilityisrequiredtoholdanenvironmental authority for the disposal of
waste at thefacility;(b)waste delivered to the facility sometimes
includes wastethat is subsequently disposed of to landfill
at the facility.9Meaning ofwaste and
resource management hierarchyThewasteandresourcemanagementhierarchyisthefollowingprecepts,listedinthepreferredorderinwhichwasteandresourcemanagementoptionsshouldbeconsidered—(a)AVOID unnecessary resource
consumption;(b)REDUCE waste generation and
disposal;(c)RE-USEwasteresourceswithoutfurthermanufacturing;(d)RECYCLEwasteresourcestomakethesameordifferent products;(e)RECOVER waste resources, including the
recovery ofenergy;(f)TREATwastebeforedisposal,includingreducingthehazardous nature of waste;(g)DISPOSE of waste only if there is no
viable alternative.10Meaning ofpolluter pays
principle(1)Thepolluterpaysprincipleistheprinciplethatallcostsassociated with
the management of waste should be borne bythe persons who
generated the waste.(2)Thecostsassociatedwiththemanagementofwastemayinclude the costs of—Current as at
[Not applicable]Page 27
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 1 Preliminary[s 11](a)minimising the amount of waste
generated; and(b)containing, treating and disposing of
waste; and(c)rectifying environmental harm caused
by waste.11Meaning ofuser pays
principle(1)Theuserpaysprincipleistheprinciplethatallcostsassociated with
the use of a resource should be included in thepricesofthegoodsandservices(includinggovernmentservices) that
result from the use.(2)Indecidingwhatarethecostsassociatedwiththeuseofaresource, an amount received from a
government as a subsidy,incentivepayment,grantorsimilarpayment,thatwouldotherwise reduce the costs, must be
disregarded.12Meaning ofproximity
principleTheproximityprincipleistheprinciplethatwasteandrecovered resources should be managed
as close to the sourceof generation as possible.13Meaning ofproduct
stewardship principle(1)Theproduct stewardship principleis
the principle that thereisasharedresponsibilitybetweenallpersonswhoareinvolvedinthelifecycleofaproductformanagingtheenvironmental, social and economic impact of
the product.(2)Theproductstewardshipprinciplerecognisesthatdifferentroles and
responsibilities may apply at each stage in the lifecycle of a product.(3)However, the product stewardship principle
does not apply toan entity—(a)inrelationtoamattertowhichthepackagingNEPMapplies; orPage 28Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 2 Waste
management strategy[s 14](b)if
the entity is a signatory to the Australian PackagingCovenant—in relation to a matter to which
the covenantapplies; or(c)iftheentityisasignatorytoanationalproductstewardshiparrangement,oraState-basedproductstewardshipschemeapproved oraccreditedunderthisAct,andismeetingitsobligationsunderthearrangement or scheme—in relation to a
matter to whichthe arrangement or scheme applies.(4)Anarrangementmentionedinsubsection (3)(c)maybevoluntaryormandatoryinnatureormayincludebothvoluntary and mandatory aspects.Chapter 2Waste
managementstrategyPart 1Introduction14Waste
management strategy(1)Thispartprovidesforthemakingofawastemanagementstrategy for the
State to help in achieving the objects of thisAct.(2)Thewastemanagementstrategyisintendedasalong-termstrategy
for—(a)achievingwasteavoidance,sustainableconsumption,industryinvestmentininnovationandnewinfrastructure, strategic regional
infrastructure planning,and product stewardship; and(b)securing continuous improvement in
waste managementandresourcerecoverypractices,servicesandCurrent as at [Not applicable]Page
29
Waste
Reduction and Recycling Act 2011Chapter 2 Waste
management strategy[s 15]technologies,benchmarkedagainstbestavailabletechnology; and(c)reducingtheclimatechangeimpactsofwastemanagement and
disposal.Notauthorised—indicativeonly15What may be
included in State’s waste managementstrategy(1)TheState’swastemanagementstrategymayprovideforanything affecting, or that may affect or be
affected by, themanagement of waste.(2)Without limiting subsection (1), the
strategy may include thefollowing—(a)waste avoidance;(b)resource efficiency;(c)resource recovery;(d)product design;(e)consumption;(f)product stewardship;(g)priority products or priority waste;(h)standards,criteriaandspecificationsforrecycledmaterials and
products containing recycled material;(i)strategic waste management planning;(j)data reporting.Part 2Draft waste managementstrategy16Preparation of draft strategy(1)The chief executive must prepare a
draft of the State’s wastemanagement strategy.Page
30Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 2 Waste
management strategy[s 17](2)The
chief executive must give public notice when a draft ofthe
waste management strategy has been prepared.(3)The
notice must—(a)bepublishedonthedepartment’swebsiteandinanyother way the chief executive considers
appropriate; and(b)statewherecopiesofthedraftstrategymaybeinspected;
and(c)invite written submissions from the
public on the draftstrategy; and(d)stateadaybywhichthewrittensubmissionsmaybegiven to the chief executive.(4)The period for receiving submissions
must be at least 28 days.Part 3Making of waste
managementstrategy17Submissions to be considered when preparing
finalstrategy(1)The
chief executive must prepare, and give to the Minister, afinal version of the State’s waste
management strategy.(2)Inpreparingthefinalversionofthestrategy,thechiefexecutive must
consider all submissions on the draft strategygiven to the
chief executive under section 16.18Approval of final strategy(1)The final version of the waste
management strategy must beapproved by the
Minister by gazette notice.(2)ThewastemanagementstrategycomesintoeffectastheState’s waste management strategy on
the day the Minister’sapprovalisgazettedoronalaterdaystatedinthegazettenotice or in the
strategy for that purpose.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 2 Waste management strategy[s
19](3)The gazette notice in which the
Minister approves the wastemanagement
strategy must include details about where a copyof
the strategy may be inspected and obtained.(4)Thechiefexecutivemustpublishthewastemanagementstrategyinfullonthedepartment’swebsiteassoonaspracticable after its approval.19Minor amendment of waste management
strategy(1)A minor amendment of the waste
management strategy maybe made without complying with the
requirements of part 2.(2)In this
section—minor amendment, of the waste
management strategy, meansan amendment of the strategy—(a)to correct a minor error in the
strategy; or(b)tomakeanotherchangethatisnotachangeofsubstance; or(c)on 1
occasion only, to extend the period for which thestrategy is in force for a period of not
more than 1 year.Part 4Review and
progress reporting20Review of State’s waste management
strategy(1)The chief executive must conduct
reviews of the State’s wastemanagement
strategy—(a)for the first review—before the end of
2 years after thecommencement of this section; and(b)for subsequent reviews—before the end
of 3 years aftereach final review report is
published.(2)However, reviews may be conducted more
frequently as theMinister directs.Page 32Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 2 Waste
management strategy[s 21]21Preparation of draft review report on waste
managementstrategy(1)AspartoftheprocessofreviewingtheState’swastemanagement strategy, the chief executive
must—(a)prepare a review report in draft form;
and(b)give public notice when the draft has
been prepared.(2)The notice must—(a)bepublishedonthedepartment’swebsiteandinanyother way the chief executive considers
appropriate; and(b)statewherecopiesofthedraftreviewreportmaybeinspected; and(c)invite written submissions from the public
on the draftreview report; and(d)stateadaybywhichthewrittensubmissionsmaybegiven to the chief executive.(3)The period for receiving submissions
must be at least 28 days.(4)Without limiting
what may be dealt with in a review report, areview report
must have regard to goals and targets, howevernamed, included
in the waste management strategy.22Publication of review report and amending
orreplacement waste management strategy(1)The chief executive must, within a
reasonable time after theperiod for receiving written
submissions on the draft reviewreporthasended,prepare,andpublishinfullonthedepartment’s website, a final report
of the review (thefinalreview
report).(2)In preparing the
final review report, the chief executive mustconsider all
submissions on the draft review report given tothe chief
executive under section 21.(3)The
final review report must outline the findings of the reviewandmayrecommendanamendmentorreplacementoftheCurrent as at [Not applicable]Page
33
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 25]wastemanagementstrategytoimplementfindingsofthereview.(4)The chief executive may prepare and
give to the Minister, forapproval by gazette notice, a final
amending or replacementwaste management strategy to implement
a recommendationmentioned in subsection (3) without having
first prepared andconsultedonadraftamendingorreplacementwastemanagement strategy.Chapter 3Waste levyPart 1Preliminary25Main
purposeThe main purpose of this chapter is to
impose a levy on wastedelivered to a levyable waste disposal
site, and to allow for anexemptionfromthelevy,oradiscountedlevyrate,forparticular waste.26Definitions for chapterIn this
chapter—active landfill cellmeans that part
of a landfill where waste iscurrently being
disposed of.bad debt creditsee section
72K(1).bad debt credit applicationmeans an application made undersection 72L.disastersee
the Disaster Management Act 2003, section 13.disastermanagementwastemeanswastegeneratedbyorbecauseofadisasterthatisorhasbeenthesubjectofadeclarationofadisastersituationundertheDisasterPage 34Current as at [Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 26]Notauthorised—indicativeonlyManagementAct2003,butonlywithinthelimits,ifany,declaredbythechiefexecutive,bypublicationonthedepartment’s website, for a particular
disaster.disastersituationseetheDisasterManagementAct2003,schedule.discountedrate,forthewastelevyforresiduewaste,seesection 44(4).dredge
spoilmeansnaturalmaterialthathasbeenremovedfrom
a waterway—(a)for the purpose of creating,
maintaining or enlarging achannel, basin, port, berth or other
similar thing; or(b)toundertakefloodmitigationactivitiesinnaturallyoccurring
surface waters.due date for payment, of a waste
levy amount, means—(a)if an extension of time has been
granted under section72G, 72H or 72I for payment of the
waste levy amount—the end of the extension; or(b)ifthereisawastelevyinstalmentagreementinplacebetweenthechiefexecutiveandtheoperatorofalevyable waste
disposal site who owes the amount—theday provided for
in the agreement; or(c)otherwise—the
end of the 28th day of the second monthaftertheendofthelevyperiodforthelevyablewastedisposal site of
the operator who owes the amount.exempt
wastemeans—(a)disaster management waste; or(b)wasteapprovedbythechiefexecutivetobeexemptwaste for a
particular exempt waste application; or(c)1ofthefollowingtypesofwasteiflawfullymanagedand
transported—(i)waste that is any of the following and
is not mixedwith other types of waste—(A)non-friable asbestos-containing
material;Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 26](B)waste that has asbestos-containing
materialbonded to it;(C)anydisposalitemsusedduringasbestosremoval work
including plastic sheeting anddisposal
tools;(ii)wastecontainingfriableasbestos-containingmaterial that
has been removed by the holder of anasbestosremovallicenceissuedundertheWorkHealthandSafetyAct2011orunderanotherlicence or authority that authorises the
removal offriable asbestos under a law of another
State; or(d)dredge spoil; or(e)clean earth; or(f)waste collected by or for the State or a
local governmenttoremediatetheresultsofapersonhavingdonesomething that
may be an offence under section 103 or104; or(g)other waste—(i)prescribed by regulation to be exempt waste;
or(ii)forwhichthereisinforceunderthischapteradeclaration by the chief executive that the
waste isexempt waste.exempt waste
applicationsee section 28(1).feedstock,
for a recycling activity, means the waste or othermaterial that is to be used for the
recycling activity.friableasbestos-containingmaterialmeansmaterialcontainingasbestosthatisinpowderformorthatcanbecrumbled, pulverized or reduced to
powder by hand when dry.lawfullymanagedandtransported,forasbestosorwastecontainingasbestos,meansmanagedandtransportedincompliance with the requirements applying,
under the PublicHealthAct2005andanyotherAct,toitsmanagementandtransport.Page 36Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 26]levyable
wastemeans waste, other than exempt waste, that
isdelivered to a levyable waste disposal
site.levyable waste disposal site—(a)meansawastedisposalsite,whetherundertheownership or control of the State, a local
government orotherwise; but(b)does
not include a part of the waste disposal site that isa
resource recovery area.levy period, for a levyable
waste disposal site, means—(a)for
a section 325 small site, until 30 June 2021—any ofthe
following periods—(i)theperiodstartingonthecommencementandending on 30 June 2019;(ii)the
period starting on 1 July 2019 and ending on30 June
2020;(iii)the period
starting on 1 July 2020 and ending on30 June 2021;
or(b)otherwise—a month.monitoring
systemsee section 62.non-friableasbestos-containingmaterialmeansanymanufactured material or thing that—(a)contains asbestos as part of its
design; but(b)does not contain friable
asbestos-containing material.non-levy
zonemeans the part of the State outside the
wastelevy zone.progressive
cappingmeans capping of active landfill cells
ata waste disposal site on a cell-by-cell
basis.residue wastemeans the waste
from a recycling activity that iscommonlydisposedoftolandfillaftertherecoverablecomponents have
been removed from material.Current as at
[Not applicable]Page 37
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 26]Example of residue waste—Inmetalrecycling,theresiduewasteisthemainlynon-metalcomponent that
results from recycling products such as motor vehicles,whitegoods, televisions and computers that
have reached the end oftheir useful life.residue waste
discounting applicationsee section 44(1).resource
recovery areasee section 72R.section325smallsitemeansasmallsitetheoperatorofwhich, under section 325, is not required to
comply with therequirements of section 61(2) to measure and
record waste incompliance with the weight measurement
criteria.small sitemeans a levyable
waste disposal site the operator ofwhich is
required to hold an environmental authority for thedisposal of 2,000 tonnes or less of waste in
a year at the site.waste data returnsee section
72(1).waste levysee section
36.waste levy amountmeans an amount
of waste levy.waste levy instalment agreementsee
section 72B(1).waste levy zonemeansthepartoftheStatemadeupofthelocal government areas prescribed by
regulation as providedfor in this chapter.weight measurement criteriameans the weight measurementcriteria prescribed by regulation.Page
38Current as at [Not applicable]
Notauthorised—indicativeonlyPart
2Waste Reduction and Recycling Act 2011Chapter 3 Waste levy[s 27]Identifying exempt wasteDivision 1Declaring limits for disastermanagement waste27Chief executive may declare limits for
disastermanagement waste(1)The
chief executive may, by publication on the department’swebsite,declarelimitsapplyingtothestatusofwasteasdisastermanagementwasteinrelationtoaparticulardisaster.Examples of declared limits—•a declaration that waste is disaster
management waste only for astated
period•a declaration that waste is disaster
management waste only if it isdisposed of at a
stated site•a declaration that, after a stated
day, waste is disaster managementwaste only if
delivered by stated entities(2)Ifthechiefexecutivemakesadeclarationundersubsection(1),thechiefexecutivemusttakeallreasonablestepstoensurethatpersonslikelytobedirectlyaffectedbythedeclaration are made aware of it,
including, for example, byadvertising in newspapers, on radio or
on television.(3)Adeclarationmadeundersubsection(1)isnotinvalidbecause of a failure to comply with
subsection (2).Division 2Approval of
waste as exempt waste28Application for
approval of waste as exempt waste(1)Apersonmayapplytothechiefexecutiveforapprovalofwaste,identifiedintheapplication(anexemptwasteapplication), as exempt
waste.Current as at [Not applicable]Page
39
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 28](2)However, the application may be about
only 1 of the followingtypes of waste—(a)wastethathasbeendonatedtoacharitablerecyclingentity but that can not practicably be
re-used, recycledor sold;(b)waste collected by members of the community
during anorganised event directed at remediating the
results of apersonhavingdonesomethingthatmaybeanoffenceunder section 103 or 104;(c)earth contaminated with a hazardous
contaminant fromland listed on the environmental management
register orcontaminated land register;(d)waste to be used at a levyable waste
disposal site for apurposenecessaryfortheoperationofthesite,including,forexample,buildinginfrastructure,temporaryordailycovering,progressivecapping,batterconstruction,finalcapping,profilingandsiterehabilitation;(e)biosecurity waste.(3)Also,iftheapplicationisaboutbiosecuritywaste,theapplicationmaybemadeonlybythechiefexecutiveofthedepartment in which the Biosecurity
Act 2014 is administered.(4)The application
must—(a)be in the approved form; and(b)be supported by enough information to
allow the chiefexecutive to decide the application;
and(c)be accompanied by the fee prescribed
by regulation.(5)In this section—biosecuritywastemeanswastemadeupofmatterthatissubject to the operation of the
Biosecurity Act 2014.charitable recycling entitymeans an entity that—(a)operates on a not-for-profit basis;
andPage 40Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 29](b)isregisteredasacharityundertheCollectionsAct1966; and(c)is a
Deductible Gift Recipient for the purposes of lawsadministeredbytheAustralianTaxationOfficeoftheCommonwealth; and(d)actively and consistently operates a
recycling or re-useprogram for—(i)providing emergency assistance; or(ii)otherwisesupportingthecharitablepurposesofthe entity.contaminated
land registersee the Environmental ProtectionAct,
schedule 4.environmental management registerseetheEnvironmentalProtection Act,
schedule 4.29Chief executive may require additional
information ordocuments(1)Within 28 days after receiving an exempt
waste application,thechiefexecutivemay,bynoticegiventotheapplicant,requiretheapplicanttogivethechiefexecutivefurtherreasonableinformationordocumentsabouttheapplicationby a reasonable
day stated in the notice.(2)The applicant
may, before the stated day, agree with the chiefexecutiveaboutextendingthetimeforprovidingthefurtherinformation or
documents.(3)The application is taken to be
withdrawn if the applicant doesnotgivethechiefexecutivethefurtherinformationordocumentsbythestateddayortheendofanyextensionagreed between the chief executive and the
applicant.30Deciding application(1)The chief executive must decide either
to grant or to refuse anexempt waste application within 28
days after the later of thefollowing
days—Current as at [Not applicable]Page
41
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 31](a)the day the chief executive receives
the application;(b)ifadditionalinformationordocumentsarerequestedundersection29—thedaythechiefexecutivereceivesthe
information or documents.(2)Indecidingtheapplication,thechiefexecutivemustconsider—(a)the objects of this Act; and(b)the information outlined in the
application.(3)However, the chief executive must
refuse the application in thecircumstances
prescribed by regulation.(4)Afailuretomakeadecisionwithintheperiodrequiredistakentobeadecisionbythechiefexecutivetorefusetheapplication.31Grant of application(1)If
the chief executive grants an exempt waste application, thechief executive must, within 5 business days
after granting theapplication, give the applicant notice of
the approval statingthe following—(a)the
application has been granted;(b)the
waste that has been approved as exempt waste;(c)the
period of the approval;(d)any conditions
imposed on the approval.(2)The period of
the approval must not be more than 3 years.(3)If
the chief executive imposes a condition on the approval thatisnotthesame,orsubstantiallythesame,asaconditionagreed to or
asked for by the applicant, the notice must alsoinclude or be accompanied by an information
notice for thedecision to impose the condition.Page
42Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 32]32Refusal of applicationIf the chief
executive refuses an exempt waste application, thechief executive must, within 5 business days
after refusing theapplication, give the applicant an
information notice for thedecision.33Amendment of approval by agreement(1)Thechiefexecutivemayamendanapprovalofwasteasexempt waste by agreement between the chief
executive andthe holder of the approval.(2)Iftheholderoftheapprovalasksfortheamendment,therequestmustbeaccompaniedbythefeeprescribedbyregulation.34Cancellation or amendment of approval by
chiefexecutive(1)Thechiefexecutivemaycanceloramendanapprovalofwaste as exempt waste if the chief executive
considers thereare reasonable grounds to cancel or amend
it.(2)Without limiting subsection (1), the
grounds for cancelling oramending the approval may
include—(a)that the chief executive is satisfied
there is a reasonablesuspicion that the granting of the
approval was based onincorrect information; and(b)that the chief executive is satisfied
there is a reasonablesuspicionthattheapprovalwasgrantedbecauseofafalse or
misleading representation or declaration; and(c)thatthecircumstancesrelevanttothegrantingoftheapproval have
changed; and(d)that the approval has not been
complied with; and(e)thatitisdesirabletocanceloramendtheapprovalhaving regard to
the objects of this Act.Current as at [Not applicable]Page
43
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 35](3)Beforecancellingoramendingtheapproval(theproposedaction),thechiefexecutivemustgivetheholderoftheapproval a notice stating the
following—(a)the proposed action;(b)the grounds for taking the proposed
action;(c)the facts and circumstances that form
the basis for thegrounds;(d)when
the proposed action is intended to take effect;(e)that
the holder may make, within a stated period, writtensubmissions to show why the proposed action
should notbe taken.(4)The
stated period for submissions must not end earlier than21
days after the holder of the approval is given the notice.(5)The chief executive must consider all
submissions made undersubsection (3)(e) within the stated
period.(6)If the chief executive decides to take
the proposed action, thechief executive must, within 10
business days after making thedecision,givetheholderoftheapprovalaninformationnotice for the
decision.(7)Thedecisiontakeseffectwhentheholderisgiventheinformation notice.Division 3Declaring waste to be exempt waste35Chief executive may declare waste to
be exempt waste inexceptional circumstances(1)Thissectionappliesifthechiefexecutiveissatisfiedthatexceptional circumstances apply for—(a)particular waste or a type of waste;
or(b)the disposal of particular waste or a
type of waste.(2)The chief executive may, by
publication on the department’swebsite, declare
the waste to be exempt waste.Page 44Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 36](3)Thechiefexecutivemaydeclarewastetobeexemptwastesubject to any
limits or conditions included in the declarationof
the waste as exempt waste.(4)A declaration of
waste as exempt waste has effect subject toany limits or
conditions included in the declaration.Part 3Operation of waste levy36Imposition of waste levyThe operator of
a levyable waste disposal site is liable to paythe State a levy
(thewaste levy) on all
levyable waste that isdelivered to the site if—(a)the levyable waste disposal site is in
the waste levy zone;or(b)the
levyable waste disposal site is in the non-levy zoneand
the waste was generated outside the non-levy zone.37Calculating waste levy amount(1)The rate of the waste levy for each
type of waste is the rateprescribed by regulation for that
type.(2)The amount of waste levy imposed on
waste is calculated incompliance with the requirements
prescribed by regulation.38Offence to
remove waste from levyable waste disposalsite in
particular circumstancesThe operator ofa levyable waste
disposalsitemustnot,forsale
or other commercial gain, remove from the site waste forwhich the waste levy was, or is to be, paid
to the State.Maximum penalty—50 penalty units.Current as at [Not applicable]Page
45
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 39]39When residue waste taken to be
generated outside thenon-levy zoneIfwaste,usedasfeedstockforarecyclingactivity,wasgenerated outside the non-levy zone,
all of the residue wastegenerated by the recycling activity is
taken, for this chapter, tobe generated
outside the non-levy zone.40Mixing waste
generated outside non-levy zone with wastegenerated in the
non-levy zone(1)Thissectionappliesifwastegeneratedoutsidethenon-levyzoneismixedwithwastegeneratedinthenon-levyzonebefore being
delivered to a levyable waste disposal site in thenon-levy zone.(2)The
chief executive and the person who mixed the waste mayagree in writing to a method of working out
the waste that istaken to have been generated outside the
non-levy zone andthe total amount of that waste.Example—Fifty tonnes of
waste generated outside the non-levy zone and 3,000tonnesofwastegeneratedinthenon-levyzonearedeliveredtoaresource recovery area in the non-levy
zone in a month where they aremixed in a
stockpile. Typically, 60% of waste delivered to the resourcerecovery area is delivered to the levyable
waste disposal site. The chiefexecutive and
the operator of the relevant site agree that the first 30tonnesofwastedeliveredfromtheresourcerecoveryareatothelevyable waste disposal site in the
following month is taken to be wastegenerated
outside the non-levy zone.(3)For this
chapter—(a)if there is an agreement under
subsection (2)—the mixedwasteistakentobegeneratedasdecidedundertheagreement; or(b)otherwise—allthemixedwasteistakentohavebeengeneratedoutsidethenon-levyzonefromthetimethewaste was mixed.Page 46Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 41]41Mixing types of waste that attract different
rates of wastelevy(1)This
section applies if—(a)differenttypesofwastearemixedbeforebeingdelivered to a
levyable waste disposal site; and(b)thedifferenttypesofwasteattractdifferentratesofwaste levy.(2)All
of the waste delivered is taken to attract the highest rate
ofwaste levy that applies to any of the types
of waste.42Mixing types of waste that attract
same rate of waste levy(1)This section
applies if—(a)differenttypesofwastearemixedbeforebeingdelivered to a
levyable waste disposal site; and(b)thedifferenttypesofwasteattractthesamerateofwaste levy.(2)The
operator of the site must, for sections 60 and 61, make areasonableestimateoftheamountofeachtypeofwasteincluded in the
mixed waste using the information given to theoperator under
section 53.43Regulation identifying waste levy
zone(1)A regulation may identify local
government areas that makeup the waste levy zone.(2)To remove any doubt, it is declared
that it is not necessary forthe waste levy
zone to be made up of only local governmentareas that are
contiguous with other local government areas.Current as at
[Not applicable]Page 47
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 44]Part 4Discounting waste levy forresidue wasteNotauthorised—indicativeonly44Application for
discounted rate for waste levy for residuewaste(1)Apersonwhoconductsarecyclingactivityprescribedbyregulation may apply to the chief executive
for approval of adiscounted rate for the waste levy for
residue waste identifiedin the application (aresidue waste discounting application).(2)The application
must—(a)be in the approved form; and(b)be supported by enough information to
allow the chiefexecutive to decide the application;
and(c)be accompanied by the fee prescribed
by regulation.(3)The Minister may recommend to the
Governor in Council themakingofaregulationundersubsection(1)aboutaparticularrecyclingactivityonlyiftheMinisterissatisfiedthat—(a)givingadiscountonthewastelevyforresiduewastefromtheactivitywillhaveasignificantimpactontheactivitybecomingestablishedandsustainedinQueensland; and(b)the
activity optimises the market and material value thatcan
be derived from the waste used as feedstock for theactivity.(4)Thediscounted ratefor the waste
levy for residue waste is therate prescribed
by regulation.45Chief executive may require additional
information ordocuments(1)Within28daysafterreceivingaresiduewastediscountingapplication,thechiefexecutivemay,bynoticegiventotheapplicant,requiretheapplicanttogivethechiefexecutivePage
48Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 46]furtherreasonableinformationordocumentsabouttheapplication by a reasonable day stated
in the notice.(2)The applicant may, before the stated
day, agree with the chiefexecutiveaboutextendingthetimeforprovidingthefurtherinformation or
documents.(3)The application is taken to be
withdrawn if the applicant doesnotgivethechiefexecutivethefurtherinformationordocumentsbythestateddayortheendofanyextensionagreed between the chief executive and the
applicant.46Deciding application(1)The chief executive must decide either
to grant or to refuse aresidue waste discounting application
within 28 days after thelater of the following days—(a)the day the chief executive receives
the application;(b)ifadditionalinformationordocumentsarerequestedundersection 45—thedaythechiefexecutivereceivesthe information
or documents.(2)In deciding the application, the chief
executive must considerall of the following—(a)the objects of this Act;(b)the information included in the
application;(c)any criteria prescribed by
regulation;(d)the applicant’s history of compliance
with this Act andthe Environmental Protection Act, including
whether theapplicant holds any licences, environmental
authoritiesor other approvals for conducting the
recycling activity.(3)However, the chief executive must
refuse the application in thecircumstances
prescribed by regulation.(4)Afailuretomakeadecisionwithintheperiodrequiredistakentobeadecisionbythechiefexecutivetorefusetheapplication.Current as at
[Not applicable]Page 49
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 47]47Grant of application(1)Ifthechiefexecutivegrantsaresiduewastediscountingapplication—(a)in
addition to any other conditions, the chief executivemust
impose a condition on the approval either—(i)requiring the applicant to maintain as a
minimuma stated recycling efficiency; or(ii)limitingtheamountofresiduewastethatwillattract the discount rate in a period,
including, forexample,asastatedproportionoftheamountofwaste used as feedstock for the recycling
activity inthe period; and(b)within 5 business days, the chief executive
must give theapplicant a notice stating the
following—(i)the application has been
granted;(ii)thediscountedrateforthewastelevyfortheresidue waste identified in the
application;(iii)the period of
the approval;(iv)anyconditionsimposedontheapprovalorprescribed by regulation.(2)The period of the approval must
not—(a)be more than 3 years; or(b)end after the residue waste
discounting review date.(3)Thenoticemustalsoincludeorbeaccompaniedbyaninformation notice for the decision to
impose a condition onthe approval unless the condition is
the same, or substantiallythesame,asaconditionagreedtooraskedforbytheapplicant.(4)In
addition to any conditions imposed by the chief executive,theapprovalisalsosubjecttotheconditionsprescribedbyregulation.(5)In
this section—Page 50Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 48]recycling
efficiencymeans a percentage of the feedstock for
arecycling activity that is not disposed of
as landfill as a resultof the activity.residuewastediscountingreviewdatemeanstheday,asprescribed by regulation, for the review by
the chief executiveof the following—(a)thediscountedrateforthewastelevyfortheresiduewaste;(b)therecyclingefficiencythresholdforrecyclingactivities;(c)anyothermattersmentionedinthispartasbeingprescribed by
regulation.48Refusal of applicationIfthechiefexecutiverefusesaresiduewastediscountingapplication, the
chief executive must, within 5 business daysafterrefusingtheapplication,givetheapplicantaninformation notice for the decision.49Amendment of approval by
agreement(1)The chief executive may amend an
approval of a discountedrateforthewastelevyforresiduewastebyagreementbetween the
chief executive and the holder of the approval.(2)Iftheholderoftheapprovalasksfortheamendment,therequestmustbeaccompaniedbythefeeprescribedbyregulation.50Cancellation or amendment of approval by
chiefexecutive(1)Thechiefexecutivemaycanceloramendanapprovalofadiscounted rate for the waste levy for
residue waste if the chiefexecutive considers there are
reasonable grounds to cancel oramend it.Current as at [Not applicable]Page
51
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 50]Notauthorised—indicativeonly(2)Without limiting
subsection (1), the grounds for cancelling oramending the
approval may include—(a)that the chief
executive is satisfied there is a reasonablesuspicionthattheholderoftheapprovalhasnotimplementedstrategiesorpracticestoprogressivelyimprove the
efficiency of the holder’s recycling activitiesduring the
period of the approval; and(b)that
the chief executive is satisfied there is a reasonablesuspicionthattheapprovalwasgrantedbecauseofafalse or
misleading representation or declaration; and(c)thatthecircumstancesrelevanttothegrantingoftheapproval have
changed; and(d)thattheconditionsoftheapprovalhavenotbeencomplied with;
and(e)thatitisdesirabletocanceloramendtheapprovalhaving regard to
the objects of this Act.(3)Beforecancellingoramendingtheapproval(theproposedaction)thechiefexecutivemustgivetheholderoftheapproval a notice stating the
following—(a)the proposed action;(b)the grounds for taking the proposed
action;(c)the facts and circumstances that form
the basis for thegrounds;(d)when
the proposed action is intended to take effect;(e)thattheholderoftheapprovalmaymake,withinastatedperiod,writtensubmissionstoshowwhytheproposed action should not be
taken.(4)The stated period for submissions must
not end earlier than21 days after the holder of the
approval is given the notice.(5)The
chief executive must consider all submissions made undersubsection (3)(e) within the stated
period.(6)If the chief executive decides to take
the proposed action, thechief executive must, within 10
business days after making thePage 52Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 51]decision,givetheholderoftheapprovalaninformationnotice for the
decision.(7)Thedecisiontakeseffectwhentheholderisgiventheinformation notice.51Automatic cancellation of approvalAn
approval of a discounted rate for the waste levy for residuewaste is automatically cancelled if the
business of conductingtherecyclingactivityrelevanttotheapprovalceasestobeownedbytheentitygrantedtheapproval,including,forexample, because the ownership of the
business is transferredto another entity.Part 5Obligations relating to wastelevyDivision 1Obligations of person deliveringwaste52Persons delivering wasteA person is
taken to deliver waste for this division if—(a)the
person physically delivers the waste; or(b)thepersonengagesordirectsanotherpersontophysically deliver the waste on behalf of
the person.Example—If an employee
delivers waste to a levyable waste disposal siteon
behalf of the employee’s employer, the obligations under
thisdivision apply to both the employee and the
employer.Current as at [Not applicable]Page
53
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 53]Notauthorised—indicativeonly53Person
delivering waste to levyable waste disposal site togive
information(1)This section applies if a person
delivers waste to a levyablewaste disposal
site.(2)Thepersonmustgivetheoperatorofthelevyablewastedisposalsitethe
information (thedelivery information)thatthe operator
reasonably requires to identify—(a)how
much of the waste is exempt waste and how much ofit
is levyable waste; and(b)for each type of
waste required to be measured by theoperatorundersection59—howmuchwastethereis;and(c)whether the waste was generated in the waste
levy zone,the non-levy zone or outside
Queensland.Maximum penalty—300 penalty units.(3)Also, the delivery information must be
given to the operator atleast 24 hours before the waste is
delivered if—(a)the levyable waste disposal site is in
the non-levy zone;and(b)the waste was
generated outside the non-levy zone; and(c)the
waste is delivered in a vehicle with a GCM or GVMof
more than 4.5 tonnes.(4)However,
subsections (2) and (3) do not apply to the person ifthepersonknowstheoperatoralreadyhasthedeliveryinformationwhentheinformationwouldotherwiseberequired under subsection (2) or (3).Example—The person
delivering the waste is acting on behalf of another personandknowsthattheotherpersonhasalreadygiventhedeliveryinformation.(5)Iftheoperatorofthelevyablewastedisposalsiteasksthepersontogivetheoperatorthedeliveryinformationintheapprovedform,thepersonmustcomplywiththerequestunless the
person has a reasonable excuse.Page 54Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 54]Maximum
penalty—300 penalty units.(6)If a person
(theprincipal) engages or
directs another personto deliver waste on behalf of the
principal, it is a defence forsubsection (2)
or (5) for the principal to prove—(a)theprincipalgavetheotherpersonappropriateinstructions;
and(b)the principal used all reasonable
precautions to ensurethe other person complied with this
section; and(c)theprincipalcouldnotbytheexerciseofreasonablediligence have
stopped the commission of the offence.(7)Nothinginthissectionpreventsthepersonfromgivingdelivery
information for more than 1 consignment of waste tobe
delivered to the levyable waste disposal site.54Person delivering particular waste to give
information(1)This section applies if—(a)a person delivers waste to—(i)aresourcerecoveryandtransferfacilityinthenon-levy zone;
or(ii)anentityconductingarecyclingactivityinthenon-levy zone;
and(b)the waste was generated outside the
non-levy zone; and(c)the person delivers the waste in a
vehicle with a GCM orGVM of more than 4.5 tonnes.(2)Thepersonmust,atleast24hoursbeforedeliveringthewaste, give the operator of the resource
recovery and transferfacilityorentitytheinformation(thedeliveryinformation)that
the operator or entity reasonably requires to identify—(a)how much of the waste is exempt waste
and how much ofit is levyable waste; and(b)whether the waste was generated in the
waste levy zoneor outside Queensland.Current as at
[Not applicable]Page 55
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 54]Maximum penalty—300 penalty units.(3)However,subsection(2)doesnotapplytothepersoniftheperson knows the operator or entity
already has the deliveryinformation when it is required under
that subsection.Example—The person
delivering the waste to a resource recovery and transferfacility is the operator of the
facility.(4)If the operator or entity asks the
person to give the deliveryinformation to
the operator or entity in the approved form, theperson must comply with the request unless
the person has areasonable excuse.Maximum
penalty—300 penalty units.(5)If a person
(theprincipal) engages or
directs another personto deliver waste on behalf of the
principal, it is a defence forsubsections (2)
and (4) for the principal to prove—(a)theprincipalgavetheotherpersonappropriateinstructions;
and(b)the principal used all reasonable
precautions to ensurethe other person complied with this
section; and(c)theprincipalcouldnotbytheexerciseofreasonablediligence have
stopped the commission of the offence.(6)Nothinginthissectionpreventsthepersonfromgivingdelivery
information for more than 1 consignment of waste tobe
delivered to the resource recovery and transfer facility orto
the entity.(7)In this section—resource
recovery and transfer facilitymeans a facility
usedfor—(a)receiving, sorting, dismantling or baling
waste; or(b)storing waste before moving it, from
the site where therelevant activity is carried out, for
recycling, processing,treatment or disposal.Page
56Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 55]55Giving false or misleading information when
deliveringwaste(1)This
section applies to a person delivering waste to—(a)a levyable waste disposal site;
or(b)a resource recovery and transfer
facility in the non-levyzone; or(c)an
entity conducting a recycling activity in the non-levyzone.(2)The
person must not give the operator or entity informationabout the waste that the person knows is
false or misleadingin a material particular.Maximum penalty—300 penalty units.(3)However,subsection(2)doesnotapplytothepersoniftheperson, when giving information in a
document—(a)tellstheoperatororentity,tothebestoftheperson’sability, how the
document is false or misleading; and(b)if
the person has, or can reasonably obtain, the correctinformation—gives the correct
information.(4)To remove any doubt, it is declared
that subsection (2) appliestoanyinformationwhetherornotthepersonisrequiredtogive
the information under section 53 or 54.(5)In
this section—operatormeanstheoperatorofthelevyablewastedisposalsite or resource
recovery and transfer facility.resource
recovery and transfer facilitysee section
54(7).Current as at [Not applicable]Page
57
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 56]Division 2Obligations of
operators of levyablewaste disposal sitesSubdivision 1Remitting waste
levy56Remitting waste levy amount to the
State(1)After receiving a summary data return
from the operator of alevyablewastedisposalsiteundersection72,thechiefexecutive must give the operator an invoice
stating the totalamount of all waste levy amounts payable to
the State by theoperator for the levy period to which the
return relates.(2)The operator must pay to the chief
executive the total amountstatedintheinvoicebytheduedateforpaymentoftheamount.(3)If a
waste levy amount owing by an operator remains unpaidafteritsduedateforpayment,interestispayableontheunpaid amount for each day starting on
the day after the duedate for payment and ending on the day
the amount is actuallypaid.(4)The
interest payable for a day as mentioned in subsection (3)ispayableatthesamerateasthatapplyingtounpaidtaxunder the Taxation Administration Act 2001,
section 54 andthe Taxation Administration Regulation 2012,
section 8.(5)Any waste levy amount payable by the
operator of a levyablewaste disposal site and remaining
unpaid after its due date forpayment, and any
interest payable on the unpaid amount, maybe recovered by
the chief executive in a court with jurisdictionfortherecoveryoftheamountasadebtpayablebytheoperator to the State.(6)In this section—summary data
returnsee section 72(5).Page 58Current as at [Not applicable]
Notauthorised—indicativeonlySubdivision 2Waste Reduction
and Recycling Act 2011Chapter 3 Waste levy[s
57]Weighbridges57Weighbridge required(1)Thissectionappliestotheoperatorofalevyablewastedisposal site from the beginning of the day
on—(a)iftheoperatorisrequiredtoholdanenvironmentalauthority for
the disposal of more than 10,000 tonnes ofwaste in a year
at the site—4 March 2019; or(b)iftheoperatorisrequiredtoholdanenvironmentalauthority for
the disposal of more than 5,000 tonnes, butnot more than
10,000 tonnes, of waste in a year at thesite—1 July
2021; or(c)for any other operator—1 July
2024.(2)If the levyable waste disposal site is
in the waste levy zone, theoperator must
ensure a weighbridge is installed at the site.Maximum
penalty—300 penalty units.(3)If the levyable
waste disposal site is in the non-levy zone andreceivesatleast600tonnesoflevyablewastegeneratedoutsidethenon-levyzoneduringayear,theoperatormustensure a weighbridge is installed at the
site by 30 June in thefollowing year.Maximum
penalty—300 penalty units.(4)Fortheperiodfrom1January2019to31December2019,only levyable
waste received at a levyable waste disposal sitebetween4March2019and31December2019istobecounted for
subsection (3).58Weighbridge requirements(1)Thissectionappliestotheoperatorofalevyablewastedisposal site at which a weighbridge is
installed.(2)The operator must ensure that—Current as at [Not applicable]Page
59
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 58]Notauthorised—indicativeonly(a)theinstallationandoperationoftheweighbridgecomplieswiththerequirementsprescribedbyregulation for the weighbridge; and(b)the weighbridge is kept in proper
working order; and(c)a copy of any record of certification
for the weighbridgeobtainedincomplyingwiththeNationalMeasurementAct1960(Cwlth)iskeptbytheoperatorfor5yearsafter the
certification.Maximum penalty—200 penalty units.(3)If the weighbridge is out of
operation, the operator must—(a)bringtheweighbridgebackintooperationintheshortest
practicable time; and(b)keep a written
record detailing the period for which theweighbridge was
out of operation and the reason it wasout of
operation.Maximum penalty—200 penalty units.(4)Further, if the weighbridge is out of
operation for a period ofmorethan24hours,theoperatormustnotifythechiefexecutiveofthefollowingdetailswithin3daysaftertheweighbridge first became out of
operation, whether or not theweighbridge is
still out of operation—(a)the event that
resulted in the weighbridge being out ofoperation;(b)when
the weighbridge first became out of operation;(c)whether the weighbridge is still out of
operation;(d)if the weighbridge is still out of
operation—what actionsarebeingtakentobringtheweighbridgebackintooperation.Maximum
penalty—200 penalty units.(5)Iftheweighbridgeisstilloutofoperationwhenthechiefexecutive is
notified under subsection (4), the operator mustnotifythechiefexecutiveofitsbeingbroughtbackintooperation within
3 days after it starts operating again.Page 60Current as at [Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 59]Maximum
penalty—200 penalty units.Notauthorised—indicativeonlySubdivision 3Measurement of
waste59When waste or other material must be
measuredWaste,oranamountofothermaterialthatismorethan1tonne, is required to be measured
if—(a)it is delivered to a levyable waste
disposal site; or(b)after being delivered to a levyable
waste disposal site, itis moved to a place outside the site;
or(c)it is delivered to a resource recovery
area for a wastedisposal site; or(d)after being delivered to a resource recovery
area for awaste disposal site—(i)it
is moved from the area to any other part of thesite; or(ii)it is moved to a
place outside the site in a vehiclewith a GCM or
GVM of more than 4.5 tonnes.60Measurement of waste by weighbridge(1)Thissectionappliesifaweighbridgeisinstalledatawastedisposal site,
whether or not it is required under section 57.(2)Each
time waste or other material is required to be measuredunder section 59, the operator of the waste
disposal site mustensuretheweighbridgeisusedtomeasureandrecordthewaste or other material.Maximum
penalty—300 penalty units.Note—See also section
42.(3)However,ifitisnotpracticabletousetheweighbridgetomeasureandrecordaparticularamountofwasteorothermaterial, the
operator may measure and record the waste inCurrent as at
[Not applicable]Page 61
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 61]thewaytheoperatorandthechiefexecutiveagreetoinwriting.Examplesofsomethingthatisimpracticabletoweighusingaweighbridge—•a
large aircraft•a large amount of waste that is taken
to be delivered to the levyablepartofawastedisposalsitebecauseofacancellationorrevocation of the declaration of the
resource recovery area(4)The operator of
the waste disposal site must ensure a recordmade under
subsection (2) includes the information requiredby
the chief executive.Maximum penalty—300 penalty
units.(5)Theinformationrequiredbythechiefexecutiveundersubsection (4) must be published on the
department’s websiteand may include only—(a)the type of waste or other material;
and(b)whether the waste was generated in the
waste levy zone,the non-levy zone or outside Queensland;
and(c)detailsofanyexemptionordiscountapplyingtothewaste;
and(d)the vehicle used to move the waste or
other material.(6)Iftheweighbridgeisnotinoperationwhenanamountofwasteorothermaterialisrequiredtobemeasuredundersection 59, the operator of the waste
disposal site must ensurethewasteorothermaterialismeasuredandrecordedincompliance with the weight measurement
criteria.Maximum penalty—300 penalty units.61Measurement of waste other than by
weighbridge(1)Thissectionappliesifaweighbridgeisnotinstalledatawaste disposal site.(2)Each time waste or other material is
required to be measuredunder section 59, the operator of the
waste disposal site mustPage 62Current as at
[Not applicable]
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Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 62]ensure the waste
or other material is measured and recordedin compliance
with the weight measurement criteria.Maximum
penalty—300 penalty units.Note—See also section
42.(3)The operator of the waste disposal
site must ensure a recordmade under subsection (2) includes the
information requiredby the chief executive.Maximum penalty—300 penalty units.(4)Theinformationrequiredbythechiefexecutiveundersubsection (3) must be published on the
department’s websiteand may include only—(a)the type of waste or material;
and(b)whether the waste was generated in the
waste levy zone,the non-levy zone or outside Queensland;
and(c)detailsofanyexemptionordiscountapplyingtothewaste;
and(d)the vehicle used to move the waste or
material.Subdivision 4Monitoring
system62What is a monitoring systemAmonitoring systemis a
closed-circuit television or anothersystem the chief
executive approves as a monitoring system bypublishing
details of the system on the department’s website.63When monitoring system may be required
by chiefexecutive(1)This
section applies if the chief executive reasonably believesthe
operator of a waste disposal site has not complied with theoperator’s obligation under this chapter to
pay the waste levyor give the chief executive a waste data
return for the site.Current as at [Not applicable]Page
63
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 64](2)Thechiefexecutivemay,bynoticegiventotheoperator,requiretheoperatortoinstall,maintainandoperateamonitoring system at the site to record
vehicle movements atthe locations (each amonitoring point) stated in the
notice.(3)The notice must also—(a)statethedaybywhichthemonitoringsystemmustbeinstalled; and(b)include or be accompanied by an information
notice forthe chief executive’s decision to give the
notice.(4)The operator must comply with the
notice.Maximum penalty—200 penalty units.64Requirements for monitoring
system(1)This section applies to the operator
of a wastedisposal sitegivenanoticeundersection63requiringtheoperatortoinstall, maintain and operate a monitoring
system.(2)Theoperatormustcomplywiththeobligationsstatedinsubsections (3) and (5).Maximum penalty—200 penalty units.(3)The operator must—(a)display signage at the waste disposal site
in a way thatis likely to make persons arriving at the
site aware that amonitoring system is installed at the site;
and(b)ensure the monitoring system—(i)meetstheminimumrequirementsprescribedbyregulation for the system; and(ii)is kept in
proper working order; and(iii)records vehicles
at each monitoring point in a waythat identifies
the vehicles; andExample of a way that identifies a
vehicle—an image of the vehicle’s
registrationPage 64Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 64]Notauthorised—indicativeonly(c)comply with any requirements
prescribed by regulationabout maintaining the monitoring
system; and(d)store each recording in a secure place
at the premises incompliancewithanyrequirementsprescribedbyregulation for the storage; and(e)keepeachrecordingavailableforinspectionbyanauthorised person at the premises
until the recording iserased or destroyed in compliance with
paragraph (f);and(f)ensure a
recording—(i)isonlyerasedordestroyedbytheoperatororaperson approved by the operator;
and(ii)isnoterasedordestroyedearlierthan60daysafter it was
made; and(iii)is erased or
destroyed no later than 90 days after itwas made.(4)However, if a copy of a recording is
given to an authorisedperson, the recording—(a)needonlybekeptavailableforinspectionbyanauthorisedpersonuntiltheauthorisedpersonhasconfirmedbywrittennoticethattherecordingisviewable; and(b)maybedestroyedoncetheauthorisedpersonhasconfirmedbywrittennoticethattherecordingisviewable.(5)The
operator must not—(a)allow the monitoring system to be
operated by anyoneother than—(i)the
operator of the site; or(ii)a person
approved by the operator; or(b)allow a recording to be viewed by anyone
other than anauthorised person or a person mentioned in
paragraph(a).Current as at
[Not applicable]Page 65
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 65](6)In
this section—monitoringpointmeansamonitoringpointundersection63(2).recordingmeans a video recording made by the
monitoringsystem.Notauthorised—indicativeonly65Requirements if
monitoring system stops operating(1)This
section applies to the operator of a wastedisposal
sitegivenanoticeundersection63requiringtheoperatortoinstall, maintain and operate a monitoring
system.(2)If the monitoring system stops
recording, the operator must—(a)bringthesystembackintooperationintheshortestpracticable time; and(b)keep
a written record detailing the period within whichthe
system was not recording and the reason it was notrecording.Maximum
penalty—100 penalty units.(3)Further,ifanyeventresultsinthemonitoringsystemnotrecording for any period of more than
24 hours, the operatormust notify the chief executive of the
following details within 3daysafterthesystemstopsrecording,whetherornotthesystem is still not recording—(a)theeventthatresultedinthemonitoringsystemnotrecording;(b)when
the monitoring system stopped recording;(c)whether the monitoring system is still not
recording;(d)ifthemonitoringsystemisstillnotrecording—whatactions are
being taken to bring the monitoring systemback into
operation.Maximum penalty—100 penalty units.(4)If the monitoring system is still not
recording when the chiefexecutiveisnotifiedundersubsection(3)butlaterstartsrecording again, the operator must notify
the chief executivePage 66Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 66]thatitisrecordingagainwithin3daysafteritstartsrecording.Maximum
penalty—100 penalty units.66Operators
required to give chief executive plan formonitoring
system(1)This section applies to the operator
of a wastedisposal sitegivenanoticeundersection63requiringtheoperatortoinstall, maintain and operate a monitoring
system.(2)Theoperatormustgivethechiefexecutiveaplanforthemonitoringsystemcomplyingwithsubsection(3)within21days
after the day the operator is required under the notice toinstall the monitoring system.Maximum penalty—40 penalty units.(3)The plan for the monitoring system
must contain a diagram ofthesystemindicatingthefollowinginrelationtothewastedisposal
site—(a)how the components that comprise the
system have beenpositioned;(b)the
scope of the coverage of recordings by the system.Subdivision 5Volumetric
surveys67Volumetric survey for levyable waste
disposal site inwaste levy zone(1)From
1 June 2020, the operator of a levyable waste disposalsite
in the waste levy zone must, in each year, in compliancewiththerequirementsforvolumetricsurveysundersection70—(a)ensurethatavolumetricsurveyiscarriedoutinJunefor—Current as at [Not applicable]Page
67
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 68](i)each landfill cell where waste has
been disposed ofsince the last volumetric survey required
under thissubdivision was carried out; and(ii)all stockpiled
waste at the site; and(b)givethechiefexecutiveacopyoftheresultsofthevolumetric surveys required under
paragraph (a) beforethe end of July.Maximum
penalty—200 penalty units.(2)This section
continues to apply to the operator—(a)regardless of whether waste may no longer be
deliveredto the site; and(b)evenifthesiteceasestobealevyablewastedisposalsite.(3)However, if a matter mentioned in
subsection (2) happens, thecarryingoutofthesurveyandthegivingofacopyoftheresults to the chief executivemayhappenearlierthanwhenotherwise required under subsection
(1).(4)This section does not apply to a small
site until 1 June 2022.68Volumetric
survey for levyable waste disposal site innon-levy zone in
particular circumstances(1)Thissectionappliestotheoperatorofalevyablewastedisposal site
if—(a)the site is in the non-levy zone;
and(b)at least 600 tonnes of levyable waste,
generated outsidethe non-levy zone, is received at the site
during a year.(2)The operator of the levyable waste
disposal site must—(a)ensure that a volumetric survey is
carried out between 1January and 30 June of the following
year for—(i)each active landfill cell at the site;
and(ii)all stockpiled
waste at the site; andPage 68Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 69](b)givethechiefexecutiveacopyoftheresultsofthesurvey before the end of July in the
following year.Maximum penalty—200 penalty units.(3)The volumetric survey must be carried
out in compliance withtherequirementsapplyingforvolumetricsurveysundersection
70.(4)This section continues to apply to the
operator—(a)regardless of whether waste may no
longer be deliveredto the site; and(b)evenifthesiteceasestobealevyablewastedisposalsite.(5)However, if a matter mentioned in
subsection (4) happens, thecarryingoutofthesurveyandthegivingofacopyoftheresults to the chief executivemayhappenearlierthanwhenotherwise required under subsection
(2).(6)This section does not apply to a small
site until 1 June 2022.(7)Fortheperiodfrom1January2019to31December2019,only levyable
waste received at a levyable waste disposal sitebetween4March2019and31December2019istobecounted for
subsection (1)(b).69Volumetric survey for new landfill
cells(1)This section applies to the operator
of—(a)a levyable waste disposal site in the
waste levy zone; or(b)a levyable waste disposal site in the
non-levy zone if atleast 600 tonnes of levyable waste generated
outside thenon-levyzonewasreceivedatthesiteduringthepreceding 12 months.(2)Before a landfill cell is used for the
first time for disposing ofwaste to
landfill at the site, the operator of the site must, incompliancewiththerequirementsapplyingforvolumetricsurveys under
section 70—Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 70](a)ensurethatavolumetricsurveyiscarriedoutforthelandfill cell;
and(b)beforetheendofthemonthimmediatelyfollowingthemonthinwhichthevolumetricsurveyiscarriedout,givethechiefexecutiveacopyoftheresultsofthesurvey in the approved form.Maximum penalty—200 penalty units.(3)This section applies whether or not
waste has previously beendisposed of to landfill at the
levyable waste disposal site.70Requirements for volumetric surveys(1)Thissectionstatestherequirementsforcarryingoutvolumetric surveys under this
subdivision.(2)A volumetric survey must be carried
out in compliance withthe requirements prescribed by
regulation.(3)The results of the volumetric survey
must—(a)be in the approved form; and(b)beaccompaniedbyatopographicalplancomplyingwith
specifications advised by the chief executive; and(c)becertifiedasaccuratebyasurveyorundertheSurveyors Act 2003.71Failure to carry out volumetric survey
or give chiefexecutive the results(1)Thissectionappliesiftheoperatorofalevyablewastedisposal site fails—(a)to
comply with a requirement under this subdivision tocarry out a volumetric survey; or(b)to give a copy of the results of a
volumetric survey to thechief executive.(2)The
chief executive may arrange for the volumetric survey tobe
carried out at the site and for that purpose may direct anPage
70Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72]authorisedpersontoenterthesitetofacilitatethecarryingout of the
survey.(3)Thechiefexecutivemayrecoverthereasonablecostofthesurvey from the
operator as a debt payable by the operator tothe
State.Subdivision 6Waste data
returns72Submission of waste data
returns(1)The operator of a levyable waste
disposal site must give thechief executive
the returns (each awaste data return)
requiredof the operator under subsections (2) and
(3)—(a)by the due date for the site;
and(b)in the way decided by the chief
executive as publishedon the department’s website.Maximum penalty—300 penalty units.(2)Each of the following operators must
give the chief executivea summary data return—(a)theoperatorofalevyablewastedisposalsiteinthewaste levy zone;(b)theoperatorofalevyablewastedisposalsiteinthenon-levyzoneifanylevyablewaste,generatedataplace outside the non-levy zone,
isreceivedatthesiteduring the levy
period to which the return relates.(3)Each
of the following operators must give the chief executivea
detailed data return—(a)theoperatorofalevyablewastedisposalsiteinthewaste levy zone
if—(i)the operator is required to hold an
environmentalauthorityforthedisposalofmorethan10,000tonnes of waste
in a year at the site; orCurrent as at [Not applicable]Page
71
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 72](ii)from 1 July
2021—the operator is required to holdanenvironmentalauthorityforthedisposalofmore than 5,000 tonnes, but not more
than 10,000tonnes, of waste in a year at the site;
or(iii)from 1 July
2024—the operator is not mentioned insubparagraph (i)
or (ii);(b)theoperatorofalevyablewastedisposalsiteinthenon-levy zone if—(i)the
operator is required to hold an environmentalauthorityforthedisposalofmorethan10,000tonnes of waste
in a year at the site; and(ii)atleast50tonnesoflevyablewaste,generatedoutsidethenon-levyzone,isreceivedatthesiteduring the levy
period to which the return relates.(4)However, subsection (3) does not apply to
the operator of asection 325 small site.(5)In
this section—detailed data returnmeans a return
providing comprehensiveinformation about all movements of
waste and other materialrequired to be measured under section
59.due date, for a levyable
waste disposal site, means—(a)the
end of the last business day of the month followingthe
end of a levy period for the site; or(b)if
the chief executive grants an extension of time undersection 72G, 72H or 72I for submitting the
returns forthe site—the end of the extension.summary data returnmeans a return
providing a summary ofinformation, required to be measured
under section 59, thatthe chief executive may use to
calculate amounts payable for aparticular levy
period for a levyable waste disposal site.Page 72Current as at [Not applicable]
Subdivision 7Waste Reduction
and Recycling Act 2011Chapter 3 Waste levy[s
72A]Record keepingNotauthorised—indicativeonly72AOperator of levyable waste disposal
site to keepparticular documentsThe operator of
a levyable waste disposal site must keep at thesite, or at
another place agreed to by the chief executive andthe
operator, each of the following documents for the periodstated for the document—(a)a
copy of a waste data return for 5 years after the returnis
given to the chief executive;(b)recordscontaininganyinformationthatwasusedtosupportthepreparationofawastedatareturn,including each
of the following records, for 5 years afterthe return is
given to the chief executive—(i)weighbridge records;(ii)if
weight measurement criteria were used—recordsof vehicles
delivering waste to the site;(iii)forsmallsitesthathaveusedanalternativemethodologyundersection325,recordsthatenablethechiefexecutivetofairlyworkoutthetotal waste levy
amount owing for the site in a levyperiod;(c)a record required to be kept under
section 58(3)(b) andsection 65(2)(b) for 5 years after the
record is made;(d)a copy of the results of a volumetric
survey of a landfillcell at the site for 5 years after the
survey is carried out;(e)a copy of the
results of a volumetric survey of stockpiledwaste at the
site for 5 years after the survey is carriedout;(f)a copy of a notice the operator is
required to give thechiefexecutiveunderthischapterfor5yearsaftergiving the notice;(g)any
other record prescribed by regulation for the periodprescribed by regulation.Current as at [Not applicable]Page
73
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72B]Maximum
penalty—300 penalty units.Notauthorised—indicativeonlyDivision 3Payment
optionsSubdivision 1Waste levy
instalment agreements72BWaste levy
instalment agreement(1)Awaste levy instalment agreementis
an agreement betweentheoperatorofalevyablewastedisposalsiteandthechiefexecutive
providing for the payment by instalments of a wastelevyamountowedbytheoperatorinsteadofincompliancewith the
requirements that would otherwise apply under thischapter for the payment of the
amount.(2)Awastelevyinstalmentagreementmayrelateto2ormorelevyable waste disposal sites for which the
same person is theoperator.72CApplication for waste levy instalment
agreement(1)The operator of a levyable waste
disposal site may apply tothechiefexecutivetoenterintoawastelevyinstalmentagreement for a
waste levy amount the operator must pay theState.(2)Theapplicationmustbeintheapprovedformandbeaccompanied
by—(a)adescriptionoftheoperator’sfinancialsituationthatcausedtheoperator’sinabilitytopaythewastelevyamountbytheduedateforpaymentandhowthefinancial
situation came about; and(b)up-to-date
management and financial records to verifythe information
given under paragraph (a).(3)Thechiefexecutivemust,within20daysafterreceivingtheapplication, decide either to grant or to
refuse the applicationand—Page 74Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72C](a)ifthedecisionistogranttheapplication—givetheoperator a notice stating—(i)the terms of the waste levy instalment
agreement;and(ii)theperiodwithinwhichallwastelevyamountsmustbepaidunderthewastelevyinstalmentagreement;
or(b)ifthedecisionistorefusetheapplication—givetheoperator an information notice for the
decision.(4)The chief executive may grant the
application only if satisfiedthe applicant
has demonstrated—(a)an inability to pay the waste levy
amount within the timerequired under this chapter;
and(b)how entering into the waste levy
instalment agreementwillallowtheapplicanttopaythewastelevyamountwhileatthesametimeallowingtheapplicanttopayfuture waste levy amounts.(5)However—(a)there may be only 1 waste levy instalment
agreement inforce between the operator of a levyable
waste disposalsite and the chief executive at any time;
and(b)only 1 waste levy instalment agreement
may be enteredinto between the operator of a levyable
waste disposalsite and the chief executive in a financial
year; and(c)the period within which all waste levy
amounts must bepaidunderthewastelevyinstalmentagreementmustnotbelongerthan6monthsaftertheagreementisentered into.(6)Afailuretomakeadecisionwithintheperiodrequiredistakentobeadecisionbythechiefexecutivetorefusetheapplication.Current as at
[Not applicable]Page 75
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72D]Notauthorised—indicativeonly72DAmendment of
waste levy instalment agreement(1)The
operator of a levyable waste disposal site may apply tothechiefexecutiveforanamendmentofawastelevyinstalment
agreement to—(a)include an additional waste levy
amount; or(b)extendtheperiodfortherepaymentofthetotalwastelevy
amount the subject of the agreement.(2)However—(a)anyadditionalwastelevyamountmustnotbegreaterthan 10% of the
total waste levy amount owing by theoperatorwhentheapplicationismade,otherthananamount already the subject of the agreement;
and(b)theperiodofanyextensionmustnotbemorethan3months; and(c)theoperatormustnothavepreviouslymadeanapplicationfortheamendmentofthewastelevyinstalment agreement.(3)The
application must be in the approved form and state—(a)any additional waste levy amount
sought to be includedin the agreement; and(b)the length of any extension sought;
and(c)the changes in the applicant’s
circumstances that havecaused the applicant to seek the
amendment.(4)Thechiefexecutivemust,within20daysafterreceivingtheapplication, decide either to grant or to
refuse the applicationand—(a)ifthedecisionistogranttheapplication—givetheoperator a notice stating—(i)thetermsoftheamendedwastelevyinstalmentagreement;
and(ii)theperiodwithinwhichallwastelevyamountsmustbepaidundertheamendedwastelevyinstalment
agreement; orPage 76Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72E](b)ifthedecisionistorefusetheapplication—givetheoperator an information notice for the
decision.(5)The chief executive may grant the
application only if satisfiedthe applicant
has demonstrated—(a)an inability to pay waste levy amounts
owing within thetime provided for in the agreement;
and(b)howamendmentoftheagreementwillallowtheapplicanttopayallwastelevyamountsowingandfuture waste levy amounts.(6)The making of an application under
this section does not ofitselfaffecttheapplicant’sobligationsunderthewastelevyinstalment agreement sought to be
amended.72EInterest affected by waste levy
instalment agreement(1)Subsection (2)
applies for a waste levy instalment agreementif—(a)theapplicationfortheagreementwasmadeafterthedue date for payment of a waste levy
amount the subjectof the application; and(b)the
agreement is entered into.(2)Interestispayableunderthischapteruptothedaytheapplication was
made and must be paid on or before the duedate for payment
of the next waste levy amount.(3)Ifanapplicationforawastelevyinstalmentagreementisrefused, the requirements under this
chapter for the paymentofinterestcontinuetoapplyunaffectedbythemakingorrefusal of the application.72FFailure to pay an instalment under
waste levy instalmentagreement(1)Ifaninstalmentofawastelevyamountisnotpaidonorbeforeaninstalmentdayunderawastelevyinstalmentagreement—Current as at
[Not applicable]Page 77
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 72G](a)thewastelevyinstalmentagreementistakentobenolonger in force;
and(b)theduedateforpaymentofanywastelevyamountprovided for in
the agreement becomes—(i)iftheamount,apartfromtheagreement,wouldhave
been required to be paid on a day later thanthe instalment
day—the later day; or(ii)iftheamount,apartfromtheagreement,wouldhave
been required to be paid on a day earlier thantheinstalmentday—thedayaftertheinstalmentday, or if that
day is not a business day, the nextbusiness day;
and(c)for an amount mentioned in paragraph
(b)(ii), interestbecomespayableontheamountasifthewastelevyinstalmentagreementhadnotbeenenteredinto,butonlyonandfromthedayaftertheinstalmentday,whetherornotthedayaftertheinstalmentdayisabusiness
day.(2)In this section—instalmentday,underawastelevyinstalmentagreement,means a day when
a payment is due under the agreement.Subdivision
2Extension of time72GApplication for extension of time to pay
waste levyamount(1)The
operator of a levyable waste disposal site may apply tothe
chief executive for an extension of time to pay a waste levyamount if the operator believes the operator
can not pay theamount by the due date for payment of the
amount.(2)However—(a)the
extension of time can not be for more than 1 month;andPage 78Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72G](b)theoperatorcannotapplyfortheextension oftime iftheoperatorisconductingoperationsatthesiteforwhichtheoperatordoesnotholdanenvironmentalauthority;
and(c)the operator can not make more
than—(i)1applicationforanextensionoftimeunderthissection or
section 72H for the payment of the samewaste levy
amount; or(ii)2 applications
under this section or section 72H ina financial
year.(3)The application must—(a)bemadebeforetheduedateforpaymentofthewastelevy amount;
and(b)state the reasons why the extension is
being applied for.(4)The chief executive must, within 5
business days after the duedateforpaymentofthewastelevyamount,decideeithertogrant or to refuse the application
and—(a)ifthedecisionistogranttheapplication—givetheapplicant a notice stating a new due date
for payment ofthe waste levy amount; or(b)ifthedecisionistorefusetheapplication—givetheapplicant an information notice for the
decision.(5)The chief executive may grant the
application only if satisfiedthatitisnotreasonabletoexpecttheapplicanttopaythewaste levy
amount by the due date for payment.Example of when
the chief executive may grant an application—The operator has
suffered a significant disruption to electricity supplyor
an extensive computer malfunction.(6)Afailuretomakeadecisionwithintheperiodrequiredistakentobeadecisionbythechiefexecutivetorefusetheapplication.Current as at
[Not applicable]Page 79
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72H]Notauthorised—indicativeonly72HApplication for
extension of time to submit waste datareturn and pay
waste levy amount(1)The operator of a levyable waste
disposal site may apply tothe chief executive for an extension
of time to submit a wastedatareturnandpayawastelevyamountiftheoperatorconsiders the
operator can not pay the amount by the due datefor payment of
the amount.(2)However—(a)the
extension of time can not be for more than 1 monthafter—(i)forsubmissionofthewastedatareturn—theduedate
for submission of the return; or(ii)forpaymentofthewastelevyamount—theduedate
for payment of the amount; and(b)theoperatorcannotapplyfortheextension oftime iftheoperatorisconductingoperationsatthesiteforwhichtheoperatordoesnotholdanenvironmentalauthority;
and(c)the operator can not make more
than—(i)1applicationforanextensionoftimeunderthissection or
section 72G for the payment of the samewaste levy
amount; or(ii)2 applications
under this section or section 72G ina financial
year.(3)The application must—(a)be made by the due date for the
submission of the wastedata return for the site; and(b)state the reasons why the extension is
being applied for.(4)The chief executive must, within 5
business days after the duedate for the
submission of the waste data return for the site,decide either to grant or to refuse the
application and—(a)ifthedecisionistogranttheapplication—givetheapplicant a notice stating a new day by
which the wastePage 80Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72I]datareturnmustbesubmittedandthenewdatebywhich the waste levy amount must be
paid; or(b)ifthedecisionistorefusetheapplication—givetheapplicant an information notice for the
decision.(5)The chief executive may grant the
application only if satisfiedthatitisnotreasonabletoexpecttheapplicanttopaythewaste levy
amount by the due date for payment.Example of when
the chief executive may grant an application—The operator has
suffered a significant disruption to electricity supplyor
an extensive computer malfunction.(6)Afailuretomakeadecisionwithintheperiodrequiredistakentobeadecisionbythechiefexecutivetorefusetheapplication.72IPublic notice granting extension of time to
submit wastedata return and pay waste levy amount(1)Thechiefexecutivemaybypublicationonthedepartment’swebsite grant an
extension of time to the operators of statedlevyable waste
disposal sites to do either of the following—(a)pay
a waste levy amount;(b)submit a waste
data return and pay a waste levy amount.(2)The
chief executive may grant an extension under this sectiononlyifsatisfiedthattheextensionisjustifiedbecauseofasignificant
emergency.Subdivision 3Chief
executive’s estimation ofwaste levy amount72JEstimation of waste levy amount payable by
operator oflevyable waste disposal site(1)The chief executive may decide an
estimate of the waste levyamount payable by the operator of a
levyable waste disposalCurrent as at [Not applicable]Page
81
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 72J]site
for a particular period (theestimated waste
levy amount)if—(a)theoperatordidnotgivethechiefexecutiveawastedata return by
the due date for the site under section 72;or(b)theoperatorgavethechiefexecutiveinformation,whether or not
in the form of a waste data return, thatthe chief
executive considers on reasonable grounds tobe incomplete or
inaccurate; or(c)thechiefexecutiveissatisfiedonreasonablegroundsthat
the waste levy amount payable by the operator forthe
period is incorrect.(2)If the chief
executive decides an estimated waste levy amountfor
the operator—(a)that amount becomes the waste levy
amount payable bythe operator for the period; and(b)thechiefexecutivemustgivetheoperatoraninformation notice for the decision.(3)To remove any doubt, it is declared
that—(a)the chief executive may act under this
section even if thedue date for payment of the waste levy
amount payablehas passed; and(b)thechiefexecutivedecidinganestimateofthewastelevy amount
payable by the operator for a period underthis section
does not change the due date for payment ofthe amount;
and(c)nothinginthissectionstopsasubsequentadjustmentbeingmadetothewastelevyamountpayablebytheoperator for the
period if a different amount is decidedunder a review
of the chief executive’s decision on theestimated waste
levy amount.Page 82Current as at
[Not applicable]
Subdivision 4Waste Reduction
and Recycling Act 2011Chapter 3 Waste levy[s
72K]Bad debt creditNotauthorised—indicativeonly72KEligibility for bad debt credit after
insolvency orbankruptcy of customer(1)The
operator of a levyable waste disposal site is eligible for acredit (abad debt
credit) for the waste levy amount payableby
the operator of a levyable waste disposal site on an amountof
waste delivered to the site if—(a)the
operator was the operator of the site when the wastewas
delivered; and(b)thewastewasdeliveredtothesitebyanotherperson(thecustomer)
for consideration in money; and(c)theoperatorincludedthewasteinasummarydatareturn for the site for the levy period in
which the wastewas delivered; and(d)the
operator paid the waste levy amount; and(e)theoperatorissuedaninvoicetothecustomerforthedelivery within 30 days after the
waste was delivered tothe site and—(i)theinvoiceexpresslyincludedaservicedeliverycharge for the operator’s obligation to pay
wastelevy on the waste when delivered to the
site; and(ii)theservicedeliverycharge,excludinganycomponent for GST, was not more than
the wastelevy amount; and(f)the
customer failed to pay the operator all or part of theamountduefordeliveryofthewastewithin30daysafter being
given an invoice for the amount; and(g)thecustomerbecameinsolventwithin12monthsafterthe
delivery of the waste to the site; and(h)theoperatorhasbeenunabletorecovertheamountowingfromthecustomerdespitehavingtakenreasonable steps to do so; andCurrent as at [Not applicable]Page
83
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72K]Notauthorised—indicativeonly(i)the operator has
offset against the amount owing by thecustomeranyamountowedbytheoperatortothecustomer that
may be set off against that amount; and(j)the
operator has reduced the amount owing by the valueofanyenforceablesecuritytheoperatorholdsinrelationtothecustomerbutanamountremainsoutstanding in relation to the delivery;
and(k)theoperatorhassubmittedallthewastedatareturnsandpaidallwastelevyowingbytheoperatorwhenapplying for the bad debt credit.(2)However, the operator is not eligible
for the bad debt creditif—(a)theoperatorandthecustomerare,orwerewhenthewaste was delivered, related entities;
or(b)it is for an amount of waste delivered
to the site whilethe customer continued to owe the operator
an amount,for a previous delivery of waste, more than
30 days afterbeing given an invoice for the previous
delivery; or(c)the operator has previously received a
bad debt creditfor the relevant delivery of the
waste.(3)A person is arelated
entityfor another person if—(a)for
individuals—they are members of the same family;or(b)for an
individual and a corporation—the individual or amember of the individual’s family—(i)is a majority shareholder, director or
secretary ofthe corporation or a related body corporate
of thecorporation; or(ii)has
an interest of 50% or more in the corporation;or(c)for an individual and a trustee of a
trust—the individualorarelatedentityunderanotherprovisionofthissection is a
beneficiary of the trust; or(d)for
corporations—they are related bodies corporate; orPage
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levy[s 72L](e)foracorporationandatrusteeofatrust—thecorporation or a
related entity under another provisionof this section
is a beneficiary of the trust; or(f)for
trustees of 2 or more trusts—(i)a
person is a beneficiary of both trusts; or(ii)a
person is a beneficiary of 1 trust and a relatedentity under another provision of this
section is abeneficiary of the other trust.(4)In this section—family,
for a person, means—(a)the person’s
spouse; or(b)a parent of the person or the person’s
spouse; or(c)a grandparent of the person or the
person’s spouse; or(d)a brother, sister, nephew or niece of
the person or theperson’s spouse; or(e)a
child of the person or the person’s spouse; or(f)a
grandchild of the person; or(g)the
spouse of any person mentioned in paragraphs (b) to(f).insolventmeans insolvent under the Corporations Act,
section95A(2).operator, of
a levyable waste disposal site, includes a formeroperator of the site.related body
corporatesee the Corporations Act, section 50.summary data returnsee section
72(5).72LApplication for bad debt credit(1)The operator or former operator of a
levyable waste disposalsite who is eligible for a bad debt
credit may apply to the chiefexecutive for
relief.(2)The application must—Current as at [Not applicable]Page
85
Waste
Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72M](a)be
in the approved form; and(b)be supported by
enough information to allow the chiefexecutive to
decide the application.Notauthorised—indicativeonly72MChief executive may require additional
information ordocuments(1)Within 28 days after receiving a bad debt
credit application,thechiefexecutivemay,bynoticegiventotheapplicant,requiretheapplicanttogivethechiefexecutivefurtherreasonableinformationordocumentsabouttheapplicationby a reasonable
day stated in the notice.(2)The applicant
may, before the stated day, agree with the chiefexecutiveaboutextendingthetimeforprovidingthefurtherinformation or
documents.(3)The application is taken to be
withdrawn if the applicant doesnotgivethechiefexecutivethefurtherinformationordocumentsbythestateddayortheendofanyextensionagreed between the chief executive and the
applicant.72NDeciding application(1)The chief executive must decide either
to grant or refuse a baddebtcreditapplicationwithin30daysafterthelaterofthefollowing days—(a)the
day the chief executive receives the application;(b)ifadditionalinformationordocumentsarerequestedunder section
72M—the day the chief executive receivesthe information
or documents.(2)Indecidingwhethertograntorrefusetheapplication,thechief executive must consider the
information included in theapplication.(3)The
chief executive must—(a)grantabaddebtcreditapplicationiftheapplicantiseligible for the credit; orPage
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levy[s 72O](b)refuse a bad debt creditapplication if
the applicant isnot eligible for the credit.(4)Afailuretomakeadecisionwithintheperiodrequiredistakentobeadecisionbythechiefexecutivetorefusetheapplication.Notauthorised—indicativeonly72OGrant of application(1)Ifthechiefexecutivedecidestograntabaddebtcreditapplication, the chief executive must,
within 5 business daysaftergrantingtheapplication,givetheapplicantanoticestating—(a)the application has been granted;
and(b)the amount of the bad debt
credit.(2)Thenoticemustalsoincludeorbeaccompaniedbyaninformation notice for the decision in
relation to the amountof the bad debt credit.72PRefusal of applicationIfthechiefexecutivedecidestorefuseabaddebtcreditapplication, the chief executive must,
within 5 business daysafterrefusingtheapplication,givetheapplicantaninformation notice for the decision.72QPayment of bad debt credit(1)This section applies if the chief
executive decides to grant abad debt credit
application.(2)Thechiefexecutivemustdeducttheamountofthebaddebtcredit from the waste levy amount the
applicant is required toremit to the State under section 56
for the relevant levy period.(3)Also, if the total amount of the bad debt
credit is more than theamount the applicant is required to
remit to the State, the chiefexecutivemustpaytheapplicantanamountequaltotheexcess.Current as at [Not applicable]Page
87
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 72R](4)If the applicant is no longer the
operator of a levyable wastedisposalsite,thechiefexecutivemustpaytheapplicantanamount equal to the bad debt credit.(5)In this section—relevant levy
period, for an application, means the levy
periodat the time the application is
decided.Part 6Resource
recovery areaDivision 1Declaration of
resource recoveryarea72RResource recovery areaTheoperatorofawastedisposalsitemaydeclareanareawithin the site
as aresource recovery areaif—(a)a recycling activity is conducted in
the area; and(b)the operator, or another entity that
is responsible for theoperation of the area, holds all
licences, environmentalauthorities or other approvals
required for conductingthe recycling activity in the area;
and(c)a physical barrier—(i)separates the area from the rest of
the site; and(ii)preventsvehiclesfrommovingbetweentheareaand the rest of
the site other than through points ofaccess shown on
the plan of the site accompanyinga notice under
section 72S or 72U; and(d)theareaandthephysicalbarriercomplywiththerequirements prescribed by regulation
for the area andbarrier; and(e)there has not, within the last year, been a
revocation of adeclaration of a resource recovery area at
the site.Page 88Current as at
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levy[s 72S]72SDeclaration of resource recovery area(1)Theoperatorofawastedisposalsitedeclaresaresourcerecoveryareabygivingthechiefexecutivenoticeofaproposed resource recovery area at
least 20 days before usingthe area as a resource recovery
area.(2)The notice must—(a)be
in the approved form; and(b)state the day
the declaration takes effect; and(c)include a description of the activities to
be carried outin the resource recovery area; and(d)beaccompaniedbyaplanofthewastedisposalsiteindicatingtheresourcerecoveryareaandclearlyshowing—(i)the physical barrier between the area
and the restof the site; and(ii)thepointsofaccessallowingvehiclestomovebetween the area
and the rest of the site; and(e)be
signed by the operator and any other entity that willbe
responsible for the area.72TEffect of
declaration of resource recovery areaIf the
requirements under this division for the declaration oramendment of a resource recovery area have
been compliedwith, and the declaration has not been
cancelled or revoked—(a)theresourcerecoveryareaisnotpartofthelevyablewastedisposalsitewhoseoperatormadethedeclaration; and(b)all
waste that is moved from the resource recovery areato
the levyable waste disposal site is, for the purposes ofthewastelevy,takentobewastedeliveredtothelevyable waste
disposal site.Current as at [Not applicable]Page
89
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 72U]Note—If levyable
waste is delivered to a levyable waste disposal site,the
waste levy on the waste may be payable under section 36.72UAmendment of resource recovery
area(1)Theoperatorofawastedisposalsiteforwhicharesourcerecoveryareahasbeendeclaredmayamendthearea’sdeclarationasaresourcerecoveryareabygivingthechiefexecutive notice
of the proposed amendment at least 20 daysbefore the
amendment is to take effect.(2)The
notice must—(a)be in the approved form; and(b)state the day the amendment takes
effect; and(c)iftherecyclingactivitiestobeconductedintheamendedresourcerecoveryareadifferfromtheactivitiescurrentlycarriedoutinthearea—includeadescription of the recycling activities to
be conducted inthe amended resource recovery area;
and(d)beaccompaniedbyaplanofthewastedisposalsiteindicatingtheamendedresourcerecoveryareaandclearly showing—(i)the
physical barrier between the area and the restof the site;
and(ii)thepointsofaccessallowingvehiclestomovebetween the area
and the rest of the site; and(e)be
signed by the operator and any other entity that willbe
responsible for the area.(3)Theoperatorneednotactundersubsection(1)iftheonlychange to the resource recovery area is a
change to—(a)the recycling activities conducted in
the area; or(b)the physical barrier or points of
access for the area thatdo not change the boundaries of the
area; orPage 90Current as at
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levy[s 72V](c)the
entity having responsibility for the operation of thearea.(4)Ifanamendmentofaresourcerecoveryareaunderthissection results in a part of the area being
within the levyablewaste disposal site—(a)that
part of the area becomes part of the site; and(b)all
waste within that part of the area is, for the purposesof
the waste levy, taken to be waste delivered to the site.Note—If levyable
waste is delivered to a levyable waste disposal site,the
waste levy on the waste may be payable under section 36.72VCancellation of resource recovery
area(1)Theoperatorofawastedisposalsiteforwhicharesourcerecoveryareahasbeendeclaredmaycancelthearea’sdeclarationasaresourcerecoveryareabygivingthechiefexecutive notice
of the proposed cancellation at least 30 daysbefore the
cancellation is to take effect.(2)The
notice must state the day the cancellation takes effect.(3)If a resource recovery area is
cancelled under this section—(a)thecancelledareabecomespartofthelevyablewastedisposal site;
and(b)all waste within the cancelled area
is, for the purposesofthewastelevy,takentobewastedeliveredtothelevyable waste
disposal site.Note—If levyable
waste is delivered to a levyable waste disposal site,the
waste levy on the waste may be payable under section 36.72WRevocation of resource recovery area
by chief executive(1)The chief executive may revoke a
declaration by the operatorof a waste
disposal site of an area as a resource recovery areaif—Current as at [Not applicable]Page
91
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 72W](a)there is an active landfill cell
within the area; or(b)theamountofwaste,includingrecyclablewaste,stockpiled in the area is greater than the
total amount ofwaste delivered to the area in the previous
12 months; or(c)the operator or another entity having
responsibility forthe operation of the resource recovery area
is convictedof an offence under this part; or(d)the chief executive is satisfied the
area does not fulfil, orno longer fulfils, the requirements
under section 72R foran area to be declared as a resource
recovery area.(2)Beforerevokingthedeclaration(theproposedaction),thechief executive
must give notice to the operator of the wastedisposal site
stating all of the following—(a)the
proposed action;(b)the grounds for taking the proposed
action;(c)the facts and circumstances that form
the basis for thegrounds;(d)when
the proposed action is intended to take effect;(e)thattheoperatormaymake,withinastatedperiod,writtensubmissionstoshowwhytheproposedactionshould not be taken.(3)The
stated period for submissions must not end earlier than21
days after the operator of the waste disposal site is giventhe
notice.(4)The chief executive must consider all
submissions made undersubsection (2)(e).(5)If
the chief executive decides to take the proposed action, thechief executive must, within 10 business
days after making thedecision,givetheoperatorofthewastedisposalsiteaninformation notice for the decision.(6)The decision takes effect when the
information notice is given.(7)If a
resource recovery area is revoked under this section—Page
92Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72X](a)theareabecomespartofthelevyablewastedisposalsite; and(b)allwastewithintheareais,forthepurposesofthewaste levy,
taken to be waste delivered to the levyablewaste disposal
site.Note—If levyable
waste is delivered to a levyable waste disposal site,the
waste levy on the waste may be payable under section 36.Division 2Obligations
relating to resourcerecovery area72XRequirement to keep documentsAn
entity having responsibility for the operation of a resourcerecovery area must keep the following
documents for at least5yearsaftertheeventthatisthesubjectofthedocumenthappens—(a)any
document that records waste delivered to the area,including its measurements;(b)anydocumentthatrecordswasteorothermaterialremovedfromtheareaasmentionedinsection59(d),including its measurements;(c)a copy of the results of a volumetric
survey of the areacarried out under section 72Y or 72Z;(d)any document that records any other
event for the areaas prescribed by regulation.Maximum penalty—300 penalty units.72YVolumetric survey for resource
recovery area in wastelevy zone(1)From
1 June 2020, this section applies for a resource recoveryarea
for a waste disposal site in the waste levy zone.Current as at [Not applicable]Page
93
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 72Y](2)Theentityhavingresponsibilityfortheoperationoftheresource recovery area must, in each
year—(a)ensure that a volumetric survey is
carried out in June forall stockpiled waste at the resource
recovery area; and(b)givethechiefexecutiveacopyoftheresultsofthevolumetric survey in the approved form
before the end ofJuly.Maximum
penalty—200 penalty units.(3)The volumetric
survey must be carried out in compliance withthe requirements
prescribed by regulation.(4)The results of
the volumetric survey must—(a)be
in electronic form; and(b)includeatopographicalplancomplyingwiththespecifications advised by the chief
executive; and(c)include details of the
following—(i)the area of the resource recovery
area;(ii)the stockpiles
of waste, including recyclable waste,at the area;
and(d)becertifiedasaccuratebyasurveyorundertheSurveyors Act 2003.(5)Thissectioncontinuestoapplytotheentityhavingresponsibility for the operation of the
resource recovery areaeven if the declaration of the area as
a resource recovery areais cancelled or revoked.(6)However, if a matter mentioned in
subsection (5) happens, thecarryingoutofthesurveyandthegivingofacopyoftheresults to the chief executivemayhappenearlierthanwhenotherwise required under subsection
(2).(7)This section does not apply to a
resource recovery area for asmall site until
1 June 2022.Page 94Current as at
[Not applicable]
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Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 72Z]Notauthorised—indicativeonly72ZVolumetric survey for resource
recovery area in non-levyzone(1)This
section applies for a resource recovery area declared fora
waste disposal site if—(a)the site is in
the non-levy zone; and(b)at least 600
tonnes of levyable waste, generated outsidethe non-levy
zone, was received at the resource recoveryarea during a
year.(2)Theentityhavingresponsibilityfortheoperationoftheresource recovery area must—(a)beforetheendofJuneofthefollowingyear,ensureavolumetric survey is carried out for
all stockpiled wasteat the resource recovery area;
and(b)beforetheendofJulyinthefollowingyear,givethechief executive a copy of the results
of the survey in theapproved form.Maximum
penalty—200 penalty units.(3)The volumetric
survey must be carried out in compliance withthe requirements
prescribed by regulation.(4)The results of
the volumetric survey must—(a)be
in electronic form; and(b)includeatopographicalplancomplyingwithspecifications advised by the chief
executive; and(c)include details of the
following—(i)the area of the resource recovery
area;(ii)the stockpiles
of waste, including recyclable waste,at the area;
and(d)becertifiedasaccuratebyasurveyorundertheSurveyors Act 2003.(5)Thissectioncontinuestoapplytotheentityhavingresponsibility for the operation of the
resource recovery areaeven if the declaration of the area as
a resource recovery areais cancelled or revoked.Current as at [Not applicable]Page
95
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 3 Waste levy[s 73](6)However, if a matter mentioned in
subsection (5) happens, thecarryingoutofthesurveyandthegivingofacopyoftheresults to the chief executivemayhappenearlierthanwhenotherwise required under subsection
(2).(7)Thissectiondoesnotapplytoaresourcerecoveryareadeclared for a
small site until 1 June 2022.(8)Fortheperiodfrom1January2019to31December2019,only levyable
waste received at a levyable waste disposal sitebetween4March2019and31December2019istobecounted for
subsection (1)(b).73Volumetric survey carried out by chief
executive(1)This section applies if the entity
having responsibility for theoperation of a
resource recovery area—(a)isrequiredtocarryoutavolumetricsurveyundersection
72Y(2)(a) or 72Z(2)(a); but(b)failstocarryoutthevolumetricsurveyincompliancewith the
requirements prescribed by regulation.(2)The
chief executive may arrange for the volumetric survey tobecarriedoutattheresourcerecoveryareaandforthatpurpose may direct an authorised person to
enter the area tofacilitate the carrying out of the
survey.(3)The chief executive may recover the
cost of carrying out thevolumetricsurveyfromtheentityasadebtpayablebytheentity to the
State.73AObligations of entity responsible for
operation ofresource recovery area(1)Thissectionappliesiftheoperatorofawastedisposalsitehasdeclared,orclaimstohavedeclared,anareaasaresource recovery area under section
72S.(2)Theentityhavingresponsibilityfortheoperationoftheresource recovery area must
ensure—(a)there is not an active landfill cell
within the area; andPage 96Current as at
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Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 73B](b)theareacomplieswiththerequirementsfortheareaprescribed by
regulation; and(c)the physical barrier between the
resource recovery areaand the rest of the waste disposal
site complies with therequirements prescribed by regulation;
and(d)the points of access allowing vehicles
to move betweenthe area and the rest of the waste disposal
site complywith the requirements prescribed by
regulation.Maximum penalty—1,665 penalty units.73BFalse claims about resource recovery
area(1)The operator of a waste disposal site
must not claim to have aresource recovery area for the site
if—(a)theoperatorhasnotdeclaredtheareaundersection72S; or(b)thedeclarationoftheareahasbeencancelledorrevoked under section 72V or
72W.Maximum penalty—1,665 penalty units.(2)The operator of a waste disposal site
must not falsely claim apartofthesiteiswithintheresourcerecoveryareaforthesite.Maximum
penalty—1,665 penalty units.73CChanges affecting resource recovery area
requiringnotification(1)This
section applies for a waste disposal site if a declarationof a
resource recovery area is in effect for the site.(2)If there is a change to the physical
barrier or points of accessfortheresourcerecoveryareathatdoesnotchangetheboundaries of the area, the operator of the
waste disposal sitemustdoallofthefollowingwithin7daysafterthechangehappens—(a)amend the plan of the waste disposal
site;Current as at [Not applicable]Page
97
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2011Chapter 3 Waste levy[s 73D](b)givethechiefexecutivenoticeofthechangeintheapproved form;(c)give
the chief executive a copy of the amended plan ofthe
waste disposal site indicating the resource recoveryareaandclearlyshowingthephysicalbarrierandpoints of access for the area.Maximum penalty—300 penalty units.(3)Iftherecyclingactivitiesdeclaredtobeconductedintheresourcerecoveryareachange,theoperatorofthewastedisposalsitemustadvisethechiefexecutiveofthechangewithin 7 days after the change
happens.Maximum penalty—100 penalty units.(4)If there is a change of the entity
having responsibility for theoperationortheresourcerecoveryarea,theentityhavingresponsibility for the operation of the area
immediately beforethe change must notify the chief executive
of the change within7 days after the change
happens.Maximum penalty—100 penalty units.Part
7Miscellaneous73DAnnual payment to local governments(1)Thechiefexecutivemustmaketoeachlocalgovernmentaffected by the
waste levy an annual payment as prescribed byregulation.(2)Alocalgovernmentmustusetheamountpaidtothelocalgovernment to
mitigate any direct impacts of the waste levy onhouseholds in the local government’s local
government area.(3)If the chief executive reasonably
believes a local governmenthasnotusedtheamountpaidtothelocalgovernmentasrequired, the chief executive must not make
a further annualpayment to the local government until it
uses the amount asrequired.Page 98Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 3 Waste
levy[s 73D]Notauthorised—indicativeonly(4)All rate notices issued by a local
government during the yearto which the annual payment relates
must include a statementthatinformstheratepayeroftheamountpaidtothelocalgovernment and the purpose of the
payment.(5)If the chief executive reasonably
believes a local governmenthas not included
the statement in the rate notices as required,thechiefexecutivemayrefusetomakeafurtherannualpayment to the local government until it
informs ratepayers ofthe amount paid and the purpose of the
payment.(6)If the chief executive reasonably
believes a local governmenthasdistributedmisinformationinrelationtoanannualpayment after
receiving the payment, the chief executive mayrefusetomakeafurtherannualpaymenttothelocalgovernmentuntilitinformstheintendedaudienceforthedistribution how
the misinformation is false or misleading.(7)Alocalgovernmentistakentohavedistributedmisinformation
in relation to an annual payment if the localgovernment—(a)includedthemisinformationinaratenoticeorotherdocument issued
by the local government; or(b)published the misinformation on the local
government’swebsite; or(c)includedthemisinformationinanadvertisementmadeby,
or on behalf of, the local government.(8)In
this section—misinformation,inrelationtoanannualpayment,meansafalse or misleading statement about—(a)the impact of the waste levy on a
local government; or(b)the purpose of
the annual payment; or(c)theamountoftheannualpaymentpaidtoalocalgovernment.rate
notice—(a)fortheCityofBrisbane—seetheCityofBrisbaneRegulation 2012,
schedule 4; orCurrent as at [Not applicable]Page
99
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 73E](b)foranyotherlocalgovernment—seetheLocalGovernment
Regulation 2012, schedule 8.ratepayer,
for a rate notice, means the entity given the notice.73EReview of efficacy of waste
levyThechiefexecutivemustreviewtheefficacyofthewastelevy—(a)within 3 years after the commencement;
and(b)at intervals of not more than 10 years
from 1 review tothe next.Chapter 4Management of priorityproducts and
priority wastePart 1Preliminary74Purpose of chapterThe purpose of
this chapter is—(a)to encourage, and in particular
circumstances to require,persons who are involved in the life
cycle of a product toshare responsibility for—(i)ensuringthat,fortheproduct,thereiseffectivewasteavoidance,reduction,re-use,recycling,recovery or
treatment; and(ii)managing the
impacts of the product throughout itslife cycle,
including end-of-use management; and(b)otherwise—to improve the management of waste
that isnot a product.Page 100Current as at [Not applicable]
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Management of priority products and priority waste[s
74A]74ADefinitions for ch 4In
this chapter—producer, of a product,
includes any of the following—(a)the
manufacturer of the product;(b)a
person who imports the product into Queensland;(c)a
person who supplies the product in Queensland;(d)apersonwhohasalegalorequitableinterestinthenameunderwhichtheproductissuppliedinQueensland.Part 2Priority products and prioritywaste75Preparation and notification of draft
priority statement(1)The chief executive may—(a)prepare a draft priority statement
for—(i)1 or more products; or(ii)1 or more
categories of waste; and(b)advertise the
existence and availability of the statementby notice
published on the department’s website and inany other way
the chief executive considers appropriate.(2)The
notice must state—(a)howcopiesofthedraftprioritystatementmaybeobtained or
accessed; and(b)theperiod,ofatleast28
daysafterpublicationofthenotice,withinwhichapersonmaymakeawrittensubmissiontothechiefexecutiveaboutanymatterrelevant to the
statement.Current as at [Not applicable]Page
101
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2011Chapter 4 Management of priority products and
priority waste[s 76]76Requirements for draft priority
statement(1)The draft priority statement must
state—(a)theproductsorcategoryofwasteintendedtobeincludedinthefinalstatementaspriorityproductsorpriority waste; and(b)how each proposed product or the
proposed category ofwaste satisfies the criteria under
section 77; and(c)themanagementoptionsunderconsiderationforeachproposed
product, a strategic waste planning option, anend of waste
code or an end of waste approval.(2)In
deciding whether to include a product or category of wasteinthedraftprioritystatement,thechiefexecutivemustconsider—(a)whethertheproductorcategoryofwastesatisfiesthecriteria under section 77; and(b)whether action is proposed or is
currently in progress fortheproductorcategoryofwastethroughanationalapproach;
and(c)whether there are significant benefits
from taking actiontoreduceimpactsfromdisposaloftheproductorcategory of waste.(3)Indecidingthemanagementoptionstobestatedundersubsection
(1)(c), the chief executive must have regard to thewaste and resource management hierarchy and
the waste andresource management principles.(4)In preparing a draft priority
statement, the chief executive mayconsultwithanyexpertreferencegrouporotherentitythechief executive considers
appropriate.77Criteria for a priority product or
priority wasteAproductorcategoryofwastesatisfiesthecriteriaforapriority product or priority waste if
at least 2 of the followingapply to the
product or category of waste—Page 102Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 4
Management of priority products and priority waste[s
78](a)the product or category of waste
contains hazardous ortoxic substances;(b)there is potential to reduce the consumption
of resourcesthroughimprovedmanagementoftheproductorcategory of waste;(c)there is potential to reduce the
environmental impacts ofthe disposal of the product or
category of waste throughimprovedmanagementoftheproductorcategoryofwaste;Examples of
environmental impacts—greenhouse gas emissions from
landfill, occurrence of leachates(d)thereispotentialtoreducethesocialimpactsofthedisposaloftheproductorcategoryofwastethroughimproved management of the product or
waste;Examples of social impacts—dangertowastemanagementworkers,communityconcern,amenity(e)treating or disposing of the product or
category of wasteinvolves a significant cost to the
community;(f)improvedmanagementoftheproductorcategoryofwasteislikelytocreatebusinessopportunitiesthatwould contribute to the economy.78Inclusion of invitation for voluntary
product stewardshipscheme(1)Thechiefexecutivemayincludeinthefinalprioritystatement,foraparticularproductincludedinthefinalstatement, an
invitation (ascheme invitation) for persons
tosubmit a proposed voluntary product
stewardship scheme foraccreditation.(2)However, in including a scheme invitation,
the chief executivemust have regard to the following—(a)whether the product can be effectively
managed under avoluntary product stewardship scheme;Current as at [Not applicable]Page
103
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2011Chapter 4 Management of priority products and
priority waste[s 79](b)whetheranapprovedprogramisinexistencefortheproduct and
whether the program is being appropriatelyimplemented.(3)A
scheme invitation must state—(a)theperiod,ofatleast18months,withinwhichanyproposed voluntary product stewardship
scheme wouldhave to be submitted for accreditation;
and(b)theexpectedoutcomesfromanyproposedvoluntaryproduct stewardship scheme; and(c)thatifnovoluntaryproductstewardshipschemeisaccredited for the product, a
regulation may be made toestablish a regulated product
stewardship scheme for theproduct.(4)A
scheme invitation may state—(a)anylimitationstothescopeofaproposedvoluntaryproductstewardshipscheme,includingforexamplegeographic or
business type or size limitations; and(b)othermattersrelevanttoavoluntaryproductstewardship scheme for the particular
product.(5)The chief executive is not stopped
from subsequently grantinga single extension of the period
mentioned in subsection (3)(a)for not more
than 1 year at the request of the proposed schememanagerforaproposedvoluntaryproductstewardshipscheme.79Finalisation of priority
statement(1)The chief executive must prepare, and
give to the Minister, afinal version of the priority
statement.(2)Whenpreparingthefinalprioritystatement,thechiefexecutivemustconsiderallsubmissionsmadetothechiefexecutive on the draft priority statement
under section 75.Page 104Current as at
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80]80Approval of final priority
statement(1)The final priority statement does not
have effect as a prioritystatementunderthisActuntilithasbeenapprovedbytheMinister by
gazette notice.(2)TheprioritystatementcomesintoeffectonthedaytheMinister’s approval is gazetted or on
a later day stated in thegazette notice or in the priority
statement for that purpose.(3)The
gazette notice in which the Minister approves the prioritystatementmustincludedetailsaboutwhereacopyofthepriority statement may be inspected
and obtained.(4)The chief executive must publish the
priority statement on thedepartment’s website as soon as
practicable after its approval.81Minor
amendment of priority statement(1)A
minor amendment of the priority statement may be madewithouttherequirementsofthisparthavingbeencompliedwith, other than
the requirement for approval by the Ministerby gazette
notice.(2)In this section—minoramendment,oftheprioritystatement,meansanamendment or replacement of the
statement—(a)to correct a minor error in the
statement; or(b)tomakeanotherchangethatisnotachangeofsubstance.82Review of priority statement(1)At least once every 3 years, the chief
executive must reviewtheprioritystatementandamendorreplacethestatementhaving regard to
the outcome of the review.(2)If the process
of review includes public consultation that insubstanceisequivalenttothatrequiredforthefirstdraftpriority
statement under this chapter, the chief executive mayprepareandgivetotheMinister,forapprovalbygazetteCurrent as at
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83]notice,afinalamendingorreplacementprioritystatementwithouthavingfirstpreparedandconsultedonadraftamending or
replacement statement.Notauthorised—indicativeonlyPart
3Product stewardship schemesDivision 1Product
stewardship schemesgenerally83What
is aproduct stewardship schemeAproduct stewardship schemeis a
scheme—(a)in which persons who are involved in
the life cycle of aproductshareresponsibilityforthemanagementandimpact of the product throughout its life
cycle, includingend-of-use management; and(b)that seeks to redress the adverse
impacts of a product.84What is avoluntary product stewardship schemeAvoluntaryproductstewardshipschemeisaproductstewardshipschemeunderwhichtheparticipantsinthescheme,asidentifiedinthescheme,voluntarilyshareresponsibility for the management and impact
of the product.85What is aregulated
product stewardship schemeAregulatedproductstewardshipschemeisaproductstewardshipschemethatisprescribedunderaregulationunder this part
for a priority product.86What is anapproved programAnapproved program, for a product,
is a program, scheme oragreementapplyingtotheproductinawaythatisPage
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87]substantially similar to the way a product
stewardship schemewould apply to the product, but only
if—(a)theStateisasignatorytotheprogram,schemeoragreement; or(b)theStatehasenteredintoamemorandumofunderstandingorsimilararrangementsupportingtheapplication of the program, scheme or
agreement; or(c)theStatehasbeenapartytothedevelopmentandfinalisation of the program, scheme or
agreement; or(d)the program, scheme or agreement has
been accreditedorapprovedaspartofanationalproductstewardshipframework to
which the State is a party.87When is a product
stewardship scheme in force for aproduct(1)A product stewardship scheme is in
force for a product if—(a)it is a
voluntary product stewardship scheme applying tothe
product, and the scheme has been accredited by thechief executive under this part; or(b)it is a regulated product stewardship
scheme applying tothe product.(2)A
product stewardship scheme mentioned in subsection (1)(a)is
anaccredited product stewardship scheme.88Accredited
product stewardship scheme does notoverride
lawsAn accredited product stewardship scheme has
no effect to theextentitisinconsistentwithanylawoftheStateortheCommonwealth.Example—A
provision of a voluntary product stewardship scheme for a
productwould have no effect to the extent it
purported to require a participant inthe scheme to
deal with the product in a way prohibited under theEnvironmental Protection Act.Current as at [Not applicable]Page
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89]Division 2Accreditation of
voluntary productstewardship schemesNotauthorised—indicativeonly89Application for
accreditation(1)The person who is identified in a
proposed voluntary productstewardshipschemeastheschememanagerfortheschememayapplytothechiefexecutiveforaccreditationofthescheme.(2)An
application under subsection (1) must—(a)be
in the approved form; and(b)includetheinformationprescribedunderaregulation;and(c)beaccompaniedbythefeeprescribedunderaregulation; and(d)if
it is a proposed voluntary product stewardship schemeforapriorityproduct—explainhowtheproposedschememeetstherequirementsofthischapterforaproduct
stewardship scheme for a priority product; and(e)statewhetheraregulationisrequiredtofacilitatetheimplementation or operation of the scheme;
and(f)include evidence of the agreement of
persons identifiedas participants in the scheme.90Requirements for accreditation(1)Toqualifyforaccreditationunderthispart,theproposedvoluntary
product stewardship scheme must—(a)identify the scheme manager for the scheme;
and(b)describe the scope of the scheme and
identify, whetheror not by reference to brand, the product to
which thescheme applies; and(c)include the following information—(i)how long the scheme is to be in
force;Page 108Current as at
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90]Notauthorised—indicativeonly(ii)targets for
avoiding, re-using or recycling of wastefor the
product;(iii)time frames for
achieving each target;(iv)the information
that is to be collected, assessed andaudited to gauge
performance of the scheme;(v)howthepublicistobeadvisedofinformationabout the
scheme; and(d)listtheclassesofpersonsinvolvedinthedesign,manufacture,sale,use,servicing,collection,recovery,recycling, treatment or disposal of the
product; and(e)listtheparticipantsintheschemeandassigntothemtheirrespectiveresponsibilitiesformeetingthescheme’s objectives; and(f)state the arrangements for—(i)making decisions under the scheme;
and(ii)thecontrolandoveralloperationofthescheme;and(iii)keepingrecordsandmakingreportsunderthescheme; and(g)state the date the scheme ends; and(h)identifytheprocessesforcompliancewith,andenforcementof,anyagreementsbetweentheparticipants in the scheme; and(i)provide for assessing the scheme’s
performance and forreporting on its performance to the
Minister; and(j)state a strategy for publication of
the scheme; and(k)statehowinformationwillbeprovidedtopurchasers,users and
handlers of the product; and(l)clearly outline how the scheme will be
funded; and(m)if the product under the proposed
scheme is a priorityproductandtheprioritystatementincludesrecommendationsforimprovingmanagementoftheCurrent as at [Not applicable]Page
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2011Chapter 4 Management of priority products and
priority waste[s 91]product—showhowthoserecommendationsaretakenaccount
of.(2)Theproposedschememayincludeanyothermatteraproducer of the product considers
relevant.91AccreditationIn deciding
whether to accredit a proposed voluntary productstewardshipschemeforaproductthechiefexecutivemusthave regard
to—(a)whethertheapplicationforaccreditationmeetstherequirements of this part for an
application; and(b)whether the proposed scheme meets the
requirements ofthis part for accreditation; and(c)whether the proposed scheme’s targets
are likely to bemet within the time frames stated in the
scheme; and(d)whether the proposed scheme is likely
to promote wastereductionorreduceenvironmentalimpactfromdisposing of the
product without, in either case, causinggreater impact
over the life cycle of the product; and(e)whethertheproposedschemeisconsistentwiththeState’s obligations under national
arrangements; and(f)if the product is a priority product
that was the subject ofaschemeinvitation—whethertheproposedschemeislikely to achieve the expected
outcomes of any proposedvoluntaryproductstewardshipschemestatedintheinvitation; and(g)if
the product is a priority product, whether or not it wasthesubjectofaschemeinvitation—whethertheproposedschemetakesaccountofrecommendationsincludedintheprioritystatementforthepriorityproduct.Page
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92]92Inquiry about applicationBefore deciding the application, the chief
executive may bynotice ask for further information
from—(a)the scheme manager; or(b)through the scheme manager—any person
who, in theopinionofthechiefexecutive,islikelytobesignificantly affected by the
scheme.93Deciding application(1)As soon as practicable after deciding
to accredit a proposedvoluntaryproductstewardshipscheme,thechiefexecutivemust
give the scheme manager for the scheme notice of thedecision to accredit.(2)If
the chief executive refuses to grant the application, the
chiefexecutivemustassoonaspracticablegivetheapplicantaninformation notice for the decision to
refuse.94Register of accredited schemes(1)Whenthechiefexecutiveaccreditsavoluntaryproductstewardshipscheme,thechiefexecutivemustregistertheschemeonaregisterofaccreditedproductstewardshipschemes kept in
the department.(2)Thechiefexecutivemustensuretheregistermentionedinsubsection (1)iskeptasanaccuraterecordofinformationabout the
accreditation and history of currently and previouslyaccredited product stewardship
schemes.(3)Theregistermustbekeptbythechiefexecutiveasasearchable,
public register.95Amendment of accredited product
stewardship scheme(1)The participants in an accredited
product stewardship schememay amend the scheme by agreement of
all the participants.Current as at [Not applicable]Page
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2011Chapter 4 Management of priority products and
priority waste[s 96](2)Theschememanagerfortheschememustadvisethechiefexecutive of the
amendment within 10 business days after theamendmentismadeiftheamendmentisoneofthefollowing—(a)adding to the participants in the scheme or
removing anyof the participants;(b)changing the scheme manager for the
scheme;(c)adding to the brands of the product
that are the subjectof the scheme.(3)The
chief executive must record, on the register of accreditedproductstewardshipschemes,detailsoftheamendmentthechief executive considers
appropriate.(4)Anamendmentundersubsection
(1)mustnotincludeanamendment that will have an adverse effect
on achieving thescheme’s objectives, including, for example,
by affecting theabilityoftheschemetomeetitsobjectiveswithinthetimeframes included
in the scheme.(5)Subsection (4)doesnotstoptheaccreditationofanewvoluntary
product stewardship scheme to replace an existingaccredited scheme.96Expiry of accredited product stewardship
scheme(1)Theaccreditationofanaccreditedproductstewardshipscheme expires
on the earlier of the following—(a)thedatestatedintheschemeasthedatetheschemeends;(b)5 years after the accreditation of the
scheme.(2)However,theaccreditationofanaccreditedproductstewardshipscheme(schemeA)continuesinforce,asprovided for in subsection (3), after the
date (theexpiry date)it
would otherwise end if—(a)the scheme
manager for scheme A has, not later than 6months before
scheme A’s accreditation was due to end,applied to the
chief executive for the accreditation of aPage 112Current as at [Not applicable]
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97]new voluntary product stewardship scheme
(scheme B)to
replace scheme A; and(b)thechiefexecutivehasnotdecided,onorbeforetheexpiry date, whether scheme B should
be accredited.(3)Scheme A’s accreditation continues in
force until—(a)the accreditation of scheme B takes
effect, either in itsform as first proposed or as
subsequently changed in theapplication
process; or(b)the application process for scheme B’s
accreditation hasbeen completed, including, for example, the
completionof any review about the chief executive’s
decision on theproposed accreditation, and scheme B is not
accredited.97Revocation of accreditation(1)TheMinistermayrevoketheaccreditationofanaccreditedproduct
stewardship scheme if the Minister is satisfied that—(a)any of the following apply—(i)reasonable steps are not being taken
to implementthe scheme;(ii)the
scheme’s objectives are not being met, or areunlikely to be
met, within the time frames stated inthe
scheme;(iii)the reporting
requirements included in the schemeare not being
complied with; or(b)the product the subject of the scheme
was not a priorityproductwhentheschemewasaccredited,butithassubsequentlybecomeapriorityproductandtheobjectives of
the scheme are no longer adequate for theproduct.(2)Before revoking the accreditation of
the product stewardshipscheme, the Minister must—(a)givenoticetotheschememanagerfortheschemeadvising of the
proposed action; andCurrent as at [Not applicable]Page
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2011Chapter 4 Management of priority products and
priority waste[s 98](b)givetheschememanagerareasonableopportunitytomake
a submission to the Minister about the proposedrevocation.(3)IftheMinisterdecidestorevoketheaccreditation,andtherevocation is under subsection (1)(a),
the Minister must givethe scheme manager for the scheme an
information notice forthe decision to revoke the
accreditation.Division 3Product
stewardship schemes byregulation98Regulation about product stewardship(1)A regulation—(a)may
provide for the implementation and operation of aregulatedproductstewardshipschemeforapriorityproduct; or(b)may
include provisions to facilitate the accreditation ofaproposedvoluntaryproductstewardshipscheme,ortheimplementationandoperationofanaccreditedproduct
stewardship scheme or an approved program.(2)Withoutlimitingsubsection (1),theregulationmayincludeany of the
following—(a)the expected waste minimisation,
treatment or disposaltargetsfortheproductthesubjectoftheschemeorprogram and the required times for meeting
the targets;(b)reportingandinformationrequirements,includinginformationtobeprovidedtopurchasers,usersandhandlersoftheproductthesubjectoftheschemeorprogram;(c)iftheregulationprovidesfortheimplementationandoperation of a regulated product stewardship
scheme—(i)theschememanagerfortheschemeandtheobligations of the scheme manager;
andPage 114Current as at
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98](ii)the duration of
the scheme;(d)iftheregulationappliestoavoluntaryproductstewardshipschemeintendedtobe,butnotyet,accredited—the
period within which the application foraccreditation is
required to be made;(e)theperiodwithinwhichanypersonisrequiredtocommence complying with any of the
requirements orduties imposed on the person under the
regulation.(3)The Minister must not recommend to the
Governor in Councilthemakingofaregulationundersubsection (1)(a)forapriority product if—(a)thereiscurrentlyanaccreditedproductstewardshipschemefortheproductanditisexpectedthattheschemewillstillbeinforceaftertheregulationcommences;
or(b)thetimelimit,asstatedinaschemeinvitationintheprioritystatementascurrentlyinforce,forthesubmissionforaccreditationofavoluntaryproductstewardship scheme for the product has not
yet elapsed.(4)The Minister may recommend to the
Governor in Council themaking of a regulation under
subsection (1)(a) for a priorityproduct only
after considering the following—(a)whetheranapprovedprogramisinexistencefortheproduct and
whether the program is being appropriatelyimplemented;(b)whether economic analysis supports the
implementationof the proposed regulated product
stewardship scheme;(c)whetherthereareanyconstitutionalorotherimpedimentstotheState’sactingunilaterallyinimplementingaproductstewardshipschemefortheproduct.Current as at [Not applicable]Page
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99]Division 4Monitoring of
schemesNotauthorised—indicativeonly99Monitoring of
particular product stewardship scheme(1)The
chief executive may at any time conduct monitoring oftheperformanceofanaccreditedorregulatedproductstewardship scheme.(2)Themonitoringmayhaveregardespeciallytothestatedtargets and
objectives of the scheme.(3)If asked to do
so by the chief executive, the scheme managerunder a
regulated product stewardship scheme must reimbursethe
chief executive for some or all of the expenses reasonablyincurred by the department in the conduct of
the monitoring.(4)An amount payable under subsection (3)
may be recovered asa debt payable by the scheme manager to the
chief executive.Part 3ABanned plastic
shopping bags99AObjects of partThe objects of
this part are to—(a)reduceplasticpollutionbyreducingthenumberofplasticbagsthatbecomewasteandentertheenvironment as litter; and(b)encourage retailers and consumers
to—(i)reduce the overall use of carry bags
by consideringwhether it is necessary on every occasion to
use abag to carry goods; and(ii)use
alternative shopping bags.99BMeaning ofbanned plastic shopping bagandalternativeshopping
bag(1)Abanned plastic
shopping bagis a carry bag with handles—Page
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99B](a)made,inwholeorpart,ofplastic(whetherornottheplastic is degradable) that has a thickness
of less than—(i)the thickness prescribed by
regulation; or(ii)ifathicknesshasnotbeenprescribedbyregulation—35 microns; or(b)prescribed by regulation to be a
banned plastic shoppingbag.(2)However,eachofthefollowingisnotabannedplasticshopping bag—(a)a
barrier bag;(b)aplasticbagthatis,orisanintegralpartof,thepackaging in
which goods are sealed for sale;(c)a
bag that is prescribed by regulation to not be a bannedplastic shopping bag.(3)Analternativeshoppingbagisabag,otherthanabannedplastic shopping
bag, that is suitable to be used to carry goodsfrom a
retailer’s premises.(4)In this
section—AS 4736meanstheAustralianStandardforbiodegradableplastics as in
force from time to time under that designation(regardlessoftheeditionoryearofpublicationofthestandard).barrierbagmeansaplasticbagusedtocarryunpackagedperishable
food.Examples of unpackaged perishable
foods—fruit, vegetables, meat, fishdegradable, for plastic,
means plastic that is—(a)biodegradable,includingmaterialthatiscompostableunder AS 4736;
or(b)designed to degrade and break into
fragments over time.Current as at [Not applicable]Page
117
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99C]99CMeaning ofretailerAretaileris a person who
sells goods in trade or commerce.Notauthorised—indicativeonly99DRetailer not to
give banned plastic shopping bag(1)A
retailer must not give a banned plastic shopping bag to apersontousetocarrygoodstheretailersellsfromtheretailer’s premises.Maximum
penalty—50 penalty units.(2)This section
applies whether or not a price is charged for thebanned plastic shopping bag.99EGiving false or misleading information
about bannedplastic shopping bagA person must
not give information that the person knows isfalse or
misleading to another person about—(a)the
composition of a banned plastic shopping bag; or(b)whether or not a plastic bag is a
banned plastic shoppingbag.Maximum
penalty—50 penalty units.99FRetailer may
charge for alternative shopping bagNothing in this
part prevents a retailer from charging for analternative
shopping bag.99GReview of part(1)The
Minister must ensure a review of the operation of this partstarts as soon as practicable, but no more
than 3 months, after1 July 2020.(2)The
review must include a review of—(a)the
effect of this part on the community and retailers;andPage 118Current as at
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99H](b)thelevelofretailers’knowledgeandunderstandingabout the
prohibition on giving banned plastic shoppingbags to persons;
and(c)the effectiveness of this part in
reducing the quantity ofbanned plastic shopping bags—(i)used; and(ii)that
becomes waste and is littered or disposed of tolandfill.(3)The chief executive must give a report
on the outcome of thereviewtotheMinisterwithin6monthsafterthedaythereview starts.(4)TheMinistermusttablethereportintheLegislativeAssembly within
12 sitting days after receiving the report.Part 3BBeverage container refundschemeDivision 1IntroductionSubdivision
1Preliminary99HObjects of partThe main objects
of this part are to—(a)increase the
recovery and recycling of empty beveragecontainers;
and(b)reduce the number of empty beverage
containers that arelittered or disposed of to landfill;
and(c)ensurethemanufacturersofbeverageproductsmeettheirproductstewardshipresponsibilityinrelationtotheir beverage products; andCurrent as at [Not applicable]Page
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2011Chapter 4 Management of priority products and
priority waste[s 99I](d)provide opportunities for social enterprise,
and benefitsfor community organisations, by—(i)makingfundsavailablethroughthepaymentofrefundamountsforemptybeveragecontainers;and(ii)creating
opportunities for employment in activitiesrelatedtocollecting,sortingandprocessingcontainers for
recycling; and(e)complement existing collection and
recycling activitiesfor recyclable waste.Example of existing collection and recycling
activities—Localgovernmentscollectrecyclablewastethroughkerbsidewastecollectionservicesandarrangeforthewastetoberecycled.99IHow
objects are to be achievedThe objects are achieved by providing
for a container refundscheme (thescheme)
that—(a)encouragesconsumerstocollectemptybeveragecontainersforrecyclingbyprovidingforrefundamounts to be
paid for the containers; and(b)encourageswastemanagementserviceproviderstoensureemptybeveragecontainerscollectedthroughgeneralwasteservicesarerecycledbyprovidingforrecoveryamountstobepaidforcontainerssentforrecycling; and(c)recognisestheroleofthemanufacturersofbeverageproductsingeneratingwasteintheformofemptycontainers by
requiring the manufacturers to—(i)contribute to the cost of refund amounts
paid forthecontainersandthecostofadministeringthescheme; and(ii)ensurecontainersfortheirbeverageproductsaremadeofmaterialsthat aresuitableforrecycling;andPage
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99J](d)isadministeredbytheProductResponsibilityOrganisation.Notauthorised—indicativeonly99JFunctions of Product Responsibility
Organisation(1)The Product Responsibility
Organisation’s main function is toadminister and
provide governance for the scheme.(2)Withoutlimitingsubsection(1),theOrganisationhasthefollowing functions—(a)to ensure ongoing, efficient and
effective arrangementsareavailableinQueenslandforemptybeveragecontainers to be collected, sorted and
recycled;(b)to establish a network of container
refund points to, asfar as practicable, provide
communities in Queenslandwith access to a place for the return
of empty beveragecontainers for the payment of refund
amounts;(c)to ensure manufacturers of beverage
products fund thescheme by requiring the manufacturers to pay
sufficientamounts under container recovery
agreements;(d)to set the amounts payable, or the
method for workingout the amounts payable, under the
scheme—(i)by manufacturers of beverage products
to fund thescheme; and(ii)to
the operators of container refund points to paythe refund
amounts for empty beverage containersand to handle,
sort and transport the containers forrecycling;(e)to
identify manufacturers of beverage products who arenot
participating in the scheme, including, for example,because a manufacturer—(i)issellingbeveragesincontainersthatarenotregistered;
or(ii)hasnotenteredintoacontainerrecoveryagreement with the Organisation;Current as at [Not applicable]Page
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2011Chapter 4 Management of priority products and
priority waste[s 99K](f)topromotetheschemeandthelocationofcontainerrefund
points;(g)toreceiveanddealwithcomplaintsrelatingtotheschemefrommembersofthepublicandentitiesparticipating in
the scheme;(h)the functions given to it under this
Act or another Act.Subdivision 2Definitions99KDefinitions for partIn this
part—beveragesee section
99L.beverage productsee section
99N(1).containersee section
99M.container approval, for a beverage
product, see section 99ZN.container collection agreementsee
section 99ZA(1).container recovery agreementsee
section 99Q.container refund point—(a)means a facility or other
place—(i)atwhichemptycontainersmaybereturnedinexchange for the payment of refund amounts;
and(ii)that may be
operated on a permanent, temporary ormobile basis;
and(b)includes a reverse vending
machine.extraordinary circumstances exemptionsee
section 99ZY(2).manufacturer, of a beverage
product, see section 99O.material recovery agreementsee
section 99ZF(1).material recovery facilitysee
section 99ZE.Page 122Current as at
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99K]operator, of a container
refund point that is a reverse vendingmachine, means
the person who—(a)if the owner of the reverse vending
machine has leasedor hired it to another person—leases or
hires the reversevending machine; or(b)otherwise—owns the reverse vending
machine.recoveryamount,foraquantityofcontainers,seesection99ZG.recovery amount protocolsee section
99ZK.refund amountmeans the amount
prescribed by regulation asthe refund
amount.refund declarationsee section
99T(2).refundmarkingmeansthemarkingorlabellingabouttherefund amount payable for a container
under the scheme thatcomplies with the requirements
prescribed by regulation.registered, for a
container, means the container is included intheregisterofapprovedcontainerskeptundersection99ZM(1).reverse vending
machinemeans a device for collecting emptycontainers that—(a)if
the device recognises a container placed in the deviceasacontainerforwhicharefundamountispayableundertheschemeby,forexample,scanningthecontainer’s barcode—(i)accepts the container; and(ii)dispenses the
refund amount for the container in away stated on or
near the machine; or(b)otherwise—refuses to accept the
container.type, of a
container, see section 99N(2).Current as at
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99L]99LMeaning ofbeverage(1)Abeverageis a
liquid intended for human consumption bydrinking.(2)However, a beverage does not include a
liquid prescribed byregulation to not be a beverage for
this section.Notauthorised—indicativeonly99MMeaning ofcontainer(1)Acontaineris—(a)a container that is made to—(i)contain a beverage; and(ii)when filled with
a beverage, be sealed for storage,transportandhandlingbeforebeingsoldforthebeverage to be
consumed; or(b)another container prescribed by
regulation as a containerfor this section.(2)However, a container does not include a
container prescribedby regulation to not be a container
for this section.99NMeaning ofbeverage
productandtypeof
container(1)Abeverageproductisthecombinationofaparticularbeverage
packaged in a container of a particular type.(2)Thetypeof a container
is the combination of—(a)the volume of a
beverage the container is made to hold;and(b)the material the container is made
of.99OMeaning ofmanufacturer(1)Apersonisamanufacturerofabeverageproductiftheperson—(a)makes the beverage product, including,
for example—(i)by filling containers with a beverage;
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99Q](ii)engaging another
person under a contract to makethebeverageproductorfillcontainerswithabeverage for the person; or(b)imports the beverage product from a
foreign country; or(c)arranges for the distribution of the
beverage product inQueensland.(2)For
subsection (1)(a) and (b), it does not matter whether thebeverage product is made in, or imported
into, Queensland oranother State.Division 2Sale
of beverages in containers99QContainer
recovery agreement(1)Acontainerrecoveryagreementisawrittenagreementbetween the
Organisation and a manufacturer of a beverageproduct about
the type of container used for the product.(2)The
purpose of a container recovery agreement is to ensurethemanufacturercontributestothecostofthescheme,including, for
example, the cost of the refund amounts paidfor empty
containers under the scheme.(3)TheOrganisationmustnotenterintoacontainerrecoveryagreementwiththemanufacturerforatypeofcontainerunlesstheOrganisationissatisfiedongoing,effectiveandappropriatearrangementsforthecontainertypetobecollected,
sorted and recycled are available.(4)Acontainerrecoveryagreementmustincludeprovisionsabout the
following matters—(a)themanufacturer’sobligationsinrelationtopayingamountstotheOrganisation,includinghoweachamountisworkedoutandwhenitistobepaid,tocontribute to the costs of—(i)refundamountsforemptycontainersofthemanufacturer’s beverage products to be
paid underthe scheme; andCurrent as at
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Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 99R](ii)theadministrationofthescheme,includingamounts paid to the operators of container
refundpoints under the scheme;(b)themanufacturer’sobligationsinrelationtogivinginformationtotheOrganisationaboutthebeverageproductsmadeorimportedforsaleinQueenslandbythemanufacturer,includinghowandwhentheinformation is to be given;(c)adisputeresolutionprocessforsettlingdisputesbetween the Organisation and the
manufacturer;(d)when the agreement must be
reviewed;(e)aprocessforeitherpartytotheagreementtoseekanearlier review of the agreement or an
amendment to it;(f)other matters prescribed by
regulation.(5)Acontainerrecoveryagreementmustalsoincludethestandard terms, about a matter mentioned in
subsection (4) oranother matter, prescribed by
regulation.99RLimits on amounts paid by small
beverage manufacturersunder container recovery
agreements(1)A small beverage manufacturer must
not, under a containerrecoveryagreement,berequiredtopayanamounttocontributetothecostsoftheschemethatismorethantheamount worked out under a
regulation.(2)In this section—smallbeveragemanufacturermeansamanufacturerofabeverage product who is prescribed by
regulation to be a smallbeverage manufacturer.Page
126Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Waste Reduction
and Recycling Act 2011Chapter 4 Management of priority
products and priority waste[s 99Z]Refund amounts for emptycontainers and
container refundpointsSubdivision
3Container refund points99ZContainer collection agreement required to
operatecontainer refund pointA person must
not operate a container refund point unless acontainercollectionagreementisinforceforthecontainerrefund point.Maximum
penalty—500 penalty units.99ZAContainer
collection agreement(1)AcontainercollectionagreementisawrittenagreementbetweentheOrganisationandtheoperatorofacontainerrefundpointthatincludesprovisionsaboutthefollowingmatters—(a)theoperator’sobligationsundertheagreementinrelation to—(i)sortingemptycontainersandtransportingthecontainers,orarrangingforthecontainerstobetransported, to a waste facility for
recycling; and(ii)keeping records,
and reporting to the Organisation,abouttherefundamountspaidandcontainerscollected,
sorted and transported for recycling bythe operator;
and(iii)ensuring the
container refund point is accessible tothepublic,includingbyoperatingthecontainerrefund point at
particular times;(b)theamountspayabletotheoperatorundertheagreement for—Current as at
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99ZA]Notauthorised—indicativeonly(i)refund amounts
paid, or to be paid, by the operatorfor containers
under subdivision 1; and(ii)handling,sortingandtransportingthecontainersfor
recycling;(c)whenandhowtheoperatormayclaimamountsmentionedinparagraph(b)andwhenandhowtheOrganisation
must pay the amounts;(d)if the agreement
relates to a reverse vending machine—thetypesofcontainerstobecollectedusingthemachine;(e)whether the operator may subcontract the
operation ofthe container refund point and the
operator’s obligationsto the Organisation if the operation
is subcontracted;(f)adisputeresolutionprocessforsettlingdisputesbetween the Organisation and the
operator;(g)the term of the agreement and when the
agreement mustbe reviewed;(h)aprocessforeitherpartytotheagreementtoseekanearlier review of the agreement or an
amendment to it;(i)other matters prescribed by
regulation.(2)Acontainercollectionagreementmustalsoincludethestandard terms, about a matter mentioned in
subsection (1) oranother matter, prescribed by
regulation.(3)TheOrganisationmustgiveapersonaninformationnoticeif—(a)the person asks
the Organisation, in writing, to enter intoa container
collection agreement for the purpose of theperson operating
a container refund point; and(b)theOrganisationdecidesnottoenterintoacontainercollection
agreement with the person.Note—See chapter 9
for provisions about internal and external reviews for adecision under this subsection.Page
128Current as at [Not applicable]
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99ZC](4)For subsection (3), the Organisation
is taken to have decidednottoenterintoacontainercollectionagreementwithaperson if the Organisation does not offer,
in writing, to enterintoanagreementwiththepersonwithin20businessdaysafterthepersonmakestherequestmentionedinsubsection(3)(a).Notauthorised—indicativeonly99ZCWhen container refund point operator
must not claimpayment(1)TheoperatorofacontainerrefundpointmustnotclaimpaymentofanamountfromtheOrganisationunderacontainercollectionagreementifthepaymentrelatestoacontainer and any of the following
apply—(a)theoperatorhasnotpaidarefundamountforthecontainer;(b)the
container is not registered;(c)theoperatorknows,oroughtreasonablytoknow,thecontainerhasbeendisposedoftolandfill,whetherornottheoperatorhaspaidarefundamountforthecontainer.Maximum
penalty—300 penalty units.(2)Subsection(1)(c)doesnotapplytoacontainerthatisthesubject of an
extraordinary circumstances exemption.99ZDOperator must ensure containers sent for
recycling(1)This section applies if—(a)theoperatorofacontainerrefundpointhaspaidarefund amount for a container; and(b)thecontainerisnotthesubjectofanextraordinarycircumstances
exemption.(2)The operator must not allow the
container to be disposed of tolandfill.Maximum penalty—500 penalty units.Current as at [Not applicable]Page
129
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99ZE]Division 4Recovery amounts
for emptycontainers recycled by materialrecovery facilitiesNotauthorised—indicativeonly99ZEMeaning ofmaterial recovery facility(1)Amaterial
recovery facilityis a facility or other place—(a)atwhichrecyclablewasteissortedandpreparedforrecycling, whether or not the waste is also
recycled atthe facility or place; or(b)ofanothertypeprescribedbyregulationasamaterialrecovery
facility.(2)However,amaterialrecoveryfacilitydoesnotincludeafacilityorotherplaceprescribedbyregulationtonotbeamaterial recovery facility.99ZFMaterial recovery agreement(1)AmaterialrecoveryagreementisawrittenagreementbetweentheOrganisationandtheoperatorofamaterialrecovery
facility about the payment of recovery amounts tothe
operator for containers the operator sorts and prepares forrecycling.(2)A
material recovery agreement must contain provisions aboutthe
following matters—(a)the types of containers the operator
sorts and preparesfor recycling;(b)the
arrangements the operator has in place for recyclingthecontainersorsendingthecontainerstoawastefacility for
recycling;(c)whetherrecoveryamountsforquantitiesofcontainerswillbeworkedoutbasedontheactualnumberofcontainers or the recovery amount
protocol;(d)when and how recovery amounts may be
claimed by theoperator and will be paid by the
Organisation;Page 130Current as at
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99ZG](e)adisputeresolutionprocessforsettlingdisputesbetween the Organisation and the
operator;(f)when the agreement must be
reviewed;(g)aprocessforeitherpartytotheagreementtoseekanearlier review of the agreement or an
amendment to it;(h)other matters prescribed by
regulation.(3)A material recovery agreement must
also include the standardterms, about a matter mentioned in
subsection (2) or anothermatter, prescribed by
regulation.(4)TheOrganisationmustgivetheoperatorofamaterialrecovery
facility an information notice if—(a)the
operator asks the Organisation, in writing, to enterintoamaterialrecoveryagreementforthepurposeofclaiming recovery amounts for containers;
and(b)theOrganisationdecidesnottoenterintoamaterialrecovery
agreement with the operator.Note—See
chapter 9 for provisions about internal and external reviews for
adecision under this subsection.(5)For subsection (4), the Organisation
is taken to have decidednottoenterintoamaterialrecoveryagreementwiththeoperatorofamaterialrecoveryfacilityiftheOrganisationdoes not offer,
in writing, to enter into an agreement with theoperator within
20 business days after the operator makes therequest
mentioned in subsection (4)(a).99ZGMeaning ofrecovery
amount(1)Therecovery
amountfor a quantity of containers is—(a)if the number of containers in the
quantity is known—thetotaloftherefundamountsforthenumberofcontainers; or(b)otherwise—the amount worked out under the
recoveryamount protocol for the quantity.Current as at [Not applicable]Page
131
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 99ZI](2)In
this part, a recovery amount for a container—(a)hasbeenclaimedifthecontainerisincludedinaquantity of containers for which a
recovery amount hasbeen claimed; and(b)has
been paid if the container is included in a quantity ofcontainers for which a recovery amount has
been paid.99ZIWhen material recovery facility
operator must not claimrecovery amount(1)The
operator of a material recovery facility must not claim therecovery amount for a container if—(a)arefundamounthasbeenpaidforthecontaineratacontainer refund
point; or(b)the container is not registered;
or(c)the operator has allowed the container
to be, or knowsthe container has been, disposed of to
landfill.Note—Seesection99ZXfordecidingifanoperatorhasallowedacontainer to be disposed of to
landfill.Maximum penalty—300 penalty units.(2)Subsection(1)(c)doesnotapplytoacontainerthatisthesubject of an
extraordinary circumstances exemption.99ZJOperator must not allow containers to become
landfill(1)The operator of a material recovery
facility must not allow acontainertobedisposedoftolandfilliftheoperatorhasreceived a recovery amount for the
container.Maximum penalty—500 penalty units.Note—See section 99ZX
for deciding if an operator has allowed a container tobe
disposed of to landfill.(2)This section
does not apply to a container that is the subject ofan
extraordinary circumstances exemption.Page 132Current as at [Not applicable]
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99ZK]99ZKRecovery amount protocol(1)Arecoveryamountprotocolisadocument,issuedbythechief executive, that states the way
in which recovery amountsfor containers are worked out if the
number of containers isnot known.(2)Without limiting subsection (1), a recovery
amount protocolmay provide for ways to estimate the
numberof containersthatareintermingledwithotherrecyclablewaste,forexample—(a)by
sampling quantities of recyclable waste that includecontainers to work out the proportion of the
waste that iscontainers; and(b)estimating the number of containers in other
quantitiesofrecyclablewasteusingtheproportionworkedoutfrom the sampling.(3)A
recovery amount protocol is issued by the chief executiveby
publishing it on the department’s website.(4)Thechiefexecutivemustreviewarecoveryamountprotocol—(a)if
the Organisation or the operator of a material recoveryfacility asks the chief executive, in
writing, to review theprotocol; or(b)at
other times prescribed by regulation.99ZLOperator of material recovery facility must
comply withprotocol(1)This
section applies if a material recovery agreement providesfor
the recovery amounts for quantities of containers claimedby
the operator of a material recovery facility to be workedout
under the recovery amount protocol.(2)Theoperatorofthematerialrecoveryfacilitymustcomplywith the
recovery amount protocol.Maximum penalty—300 penalty
units.Current as at [Not applicable]Page
133
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99ZM]Division 5Approved
containers for beverageproductsNotauthorised—indicativeonlyEditor’s note—Division 5 is an
uncommenced amendment—see 2017 Act No. 31 s 4.Subdivision
1Register of approved containers99ZMOrganisation must establish and keep
register(1)TheOrganisationmustkeepanup-to-dateregisterofapproved containers.(2)Anapproved
containeris a container for a beverage productfor
which an approval is in force under—(a)subdivision 2; or(b)a
corresponding law for a corresponding scheme.(3)Theregistermustcontainthefollowingdetailsforeachapproved
container and the beverage product packaged in thecontainer—(a)adescriptionofthebeverageproduct,includingthefollowing—(i)the
type of beverage in the product;(ii)the
volume of beverage in the product;(iii)thematerialthecontainer,includingitslabel,ismade
of;(b)the manufacturer of the beverage
product who holds theapproval;(c)the
barcode for the beverage product;(d)iftheapprovalwasgrantedinacorrespondingjurisdiction—the
corresponding jurisdiction;(e)the
following days—Page 134Current as at
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99ZN](i)the day the approval was
granted;(ii)iftheapprovalhasended—thedaytheapprovalended;(f)any conditions of the approval.(4)TheOrganisationmayalsorecordintheregisteranyotherinformation the
Organisation considers appropriate.(5)The
register must be kept as a searchable, public register.Subdivision 2Applying for
container approval99ZNApplicationA manufacturer
of a beverage may apply to the chief executiveforapprovalofacontainerforabeverageproduct(acontainer approval).Note—See chapter 8A
for general provisions that apply to the application andto a
container approval.99ZOParticular matters for deciding
applicationThe chief executive may grant the container
approval only ifsatisfied—(a)acontainerrecoveryagreementbetweentheOrganisationandamanufacturerofthebeverageproduct for the
container type used in the product—(i)is
in force; or(ii)has been agreed
in principle by the Organisationpending the
approval being granted; and(b)the
container is suitable to be recycled; and(c)the
way the refund marking is proposed to be displayedonthecontainerisnotlikelytoaffectwhetherthecontainer is suitable to be recycled;
andCurrent as at [Not applicable]Page
135
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 99ZP](d)approval for the beverage product is not in
force under acorresponding law for a corresponding
scheme; and(e)approval for the beverage product has
not been refusedorcancelledunderacorrespondinglawforacorresponding
scheme.Note—See section 173V
for the general criteria that apply for deciding theapplication.99ZPNotice of container approval(1)If the chief executive decides to
grant the container approvalfor a beverage
product, the notice given to the manufacturerundersection173Wmuststatethemattersmentionedinsection 99ZM(3) for the beverage
product.(2)The chief executive must give a copy
of the notice about thedecisiontotheOrganisationwithin10businessdaysaftermaking the
decision.99ZQConditions of container
approval(1)It is a condition of a container
approval that the holder mustgivetheOrganisationnoticeaboutanychangestothebeverageproductthesubjectoftheapproval,including,forexample—(a)the
type of beverage in the product; or(b)the
volume of beverage in the product; or(c)the
material the container, including its label, is madeof.Note—Seesection 173Xforthechiefexecutive’s
generalpowertoimposeconditions on a
container approval.(2)Theholderofacontainerapprovalmustcomplywiththeconditions of the approval.Maximum penalty—300 penalty units.Page
136Current as at [Not applicable]
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99ZR]99ZRContainer approval continues in
force(1)A container approval continues in
force until the approval iscancelled or
surrendered.(2)However, if a container approval is
suspended, the approvaldoes not have effect for the period of
the suspension.(3)Despitesubsections(1)and(2),aperson,otherthanamanufacturerofabeverageproductthesubjectofthecontainer approval, does not commit an
offence against thispart—(a)ifthecontainerusedforthebeverageproductisnolongerregisteredbecausethecontainerapprovalhasbeen cancelled or surrendered, or is
suspended; and(b)merely because the container used for
the product is notregistered.99ZSApplying to amend container approval(1)Theholderofacontainerapprovalforabeverageproductmayapplytothechiefexecutivetoamendtheapproval,including a
condition of the approval.Note—Seechapter8A,part2forgeneralprovisionsthatapplytotheapplication.(2)Withoutlimitingsubsection(1),theholdermayapplytoamend—(a)the
type of beverage in the beverage product; or(b)the
volume of beverage in the product; or(c)the
material the container, including its label, is madeof.99ZTDeciding
amendment application(1)This section
applies if the chief executive is deciding whetheror
not to amend a container approval—Current as at
[Not applicable]Page 137
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 99ZU](a)on
an application made under section 99ZS; or(b)aftergivingtheholderoftheapprovalashowcausenoticeaboutaproposedamendmentundersection173ZB.(2)Section 99ZO applies as if the decision were
a decision aboutwhether to grant the container
approval.99ZUApplying to transfer container
approval(1)Theholderofacontainerapprovalmayapplytothechiefexecutive to
transfer the approval to another person.Note—Seechapter8A,part2forgeneralprovisionsthatapplytotheapplication.(2)The
application must be accompanied by the signed consentof
the proposed transferee.(3)The period for
deciding the application is 10 business days.(4)Ifthechiefexecutivedecidestogranttheapplication,thechiefexecutivemust,inadditiontothenoticeundersection173W,giveanoticeaboutthedecisiontotheproposedtransferee and
the Organisation within 5 business days aftermaking the
decision.99ZVGrounds for suspending or cancelling
container approvalEach of the following is a ground for
suspending or cancellinga container approval for a beverage
product—(a)a container recovery agreement for the
type of containerfor the beverage product is not, or is no
longer, in forcebetweentheOrganisationandamanufactureroftheproduct;(b)thecontainerisnot,orisnolonger,suitabletoberecycled;Page 138Current as at [Not applicable]
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99ZW](c)the way the refund marking is proposed
to be displayedonthecontaineraffects,orislikelytoaffect,whetherthe
container can be recycled;(d)thecontainerforthebeverageproductisnolongeracontainer under the scheme;(e)thebeverageinthebeverageproductisnolongerabeverage under the scheme.Note—See chapter 8A,
part 3 for general provisions that apply for suspendingor
cancelling a container approval.Division 6Miscellaneous99ZWInconsistent provision has no effectA
provision of any of the following agreements has no effectto
the extent the provision is inconsistent with this Act—(a)a container recovery agreement;(b)a container collection
agreement;(c)a material recovery agreement.99ZXDisposal of containers to
landfill(1)Thissectionappliesfordeciding,forthispart,whetheraperson has disposed of, or allowed the
disposal of, a containerto landfill.(2)A
person has allowed a container to be disposed of to landfillif—(a)thepersonarrangedforthecontainertobetakentoawaste facility
for recycling; and(b)whenthepersonmadethearrangement,thepersonknew, or ought
reasonably to have known, the operatorof the waste
facility was likely to dispose of, or allowthe disposal of,
the container to landfill; andCurrent as at
[Not applicable]Page 139
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 99ZY](c)the
container is disposed of to landfill.(3)A
person has not disposed of, or allowed the disposal of, acontainer to landfill if—(a)thepersonarrangedforthecontainertobetakentoawastefacilityatwhichcontainersofthattypecanberecycled;
and(b)partofthecontainercannotberecycledatthewastefacility; and(c)that
part of the container is disposed of to landfill.99ZYExtraordinary circumstances
exemption(1)This section applies if a container
has become unsuitable to berecycled because
of extraordinary circumstances.Example—Thecontainerbecomescontaminatedwhentheplaceatwhichthecontainer is stored is inundated by water
from a flooded river during asevere
storm.(2)The operator of a container refund
point or material recoveryfacility may apply to the chief
executive for an exemption (anextraordinarycircumstancesexemption)fromtherequirements under this part to—(a)recyclethecontainerorsendthecontainertoberecycled; and(b)not
allow the container to be disposed of to landfill.Note—See chapter 8A
for general provisions that apply to the application andan
extraordinary circumstances exemption.(3)The
chief executive may grant the exemption if satisfied—(a)the container has become unsuitable to
be recycled; and(b)the circumstances that caused the
container to becomeunsuitabletoberecycledwereextraordinaryandeither—(i)could not have reasonably been foreseen;
orPage 140Current as at
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99ZZ](ii)were beyond the
operator’s control.Notauthorised—indicativeonly99ZZAuthorisations for competition
legislation(1)Thefollowingthingsarespecificallyauthorisedforcompetition legislation—(a)appointing, under part 5, a company to
administer thescheme;(b)granting, amending, transferring,
suspending, cancellingor surrendering a container
approval;(c)a container collection
agreement;(d)a container recovery agreement;(e)a material recovery agreement;(f)theconductofapersonnegotiating,enteringintoandperforminganagreementmentionedinparagraph(c),(d)
or (e).(2)Anythingauthorisedtobedonebysubsection(1)isauthorisedonlytotheextenttowhichitwouldotherwisecontravene theCompetition and
Consumer Act 2010(Cwlth)or the
Competition Code of Queensland.(3)In
this section—competition legislationmeans theCompetition and ConsumerAct 2010(Cwlth), section 51(1)(b) or the Competition
Codeof Queensland, section 51.Part
4Disposal bans100Application of this part(1)This
part applies to waste only if a regulation has identifiedthe
waste for the purposes of this part.(2)Withoutlimitingsubsection (1),wastemaybeidentifiedaccording to its
type.Current as at [Not applicable]Page
141
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 101](3)This
part does not apply to waste excluded under a regulationfrom
the operation of this part.(4)Waste to which this part applies isdisposal ban waste.101Prohibition on disposal of disposal
ban wasteTheoperatorofawastefacilitywhoisrequiredtoholdanenvironmental authority in relation to the
disposal of waste atthefacilitymustnotdisposeofdisposalbanwasteatthefacility.Maximum
penalty—1,000 penalty units.102Considerations for prescribing waste as
disposal banwaste(1)The
Minister may recommend to the Governor in Council themaking of a regulation that identifies waste
for the purposes ofthis part only after considering all of the
following—(a)whether prohibition on the disposal of
the waste is themost effective point of intervention in the
life cycle ofthe waste;(b)whether there are viable existing or
potential collectionsystemsandmarketsforanybenefitthatmaybeobtained from
not disposing of the waste;(c)whetherthecostsofmonitoring,enforcementandmarket development are proportional to the
benefits;(d)whether voluntary or other measures
for the avoidanceof disposal have been shown not to be
effective;(e)whether a prohibition on disposal is
required to supportan accredited product stewardship scheme, a
regulatedproduct stewardship scheme or an approved
program.(2)TheMinister,inconsideringthemattersmentionedinsubsection (1), may consult with any
expert reference groupor other entity the Minister considers
appropriate.Page 142Current as at
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5Waste Reduction and Recycling Act 2011Chapter 4 Management of priority products and
priority waste[s 102A]Product
ResponsibilityOrganisationDivision 1Appointment and powers102AAppointmentTheMinistermay,underthispart,appointaneligiblecompany as the
Product Responsibility Organisation for thecontainer refund
scheme.102BMeaning ofeligible
company(1)Aneligible
companyis a company that—(a)is
registered under the Corporations Act; and(b)iscarriedonotherthanfortheprofitorgainofitsindividual members; and(c)has a constitution that, at all
times—(i)requiresthecompanytomaintainaboard,constituted by 9
directors, that has the compositionrequired under
subsection (2); and(ii)prohibitsdividendsbeingpaidto,ortheincome,profits or assets of the company being
distributedamong, its members; and(iii)requiresthepersonsappointedoremployedasexecutiveofficersofthecompanytobeeligibleindividuals; and(iv)includes provisions about—(A)the way the chair and directors are
appointedand removed; and(B)the
way the chair and directors vote on anddecide matters;
andCurrent as at [Not applicable]Page
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102B]Notauthorised—indicativeonly(C)theremunerationandotherentitlementsofthe
chair and directors; and(D)the way the
constitution is amended; and(E)another matter prescribed by
regulation.(2)For subsection (1)(c)(i), the required
composition of the boardis as follows—(a)a
chair who is—(i)a director; and(ii)independent of the beverage industry;
and(iii)approved by the
Minister;(b)at least 1 director who is an
executive officer, employeeor business
associate of a small beverage manufactureroranassociationthatrepresentssmallbeveragemanufacturers;(c)at
least 1 director who is an executive officer, employeeor
business associate of a large beverage manufacturer;(d)at least 1 director who—(i)represents the interests of the
community; and(ii)is independent
of the beverage industry; and(iii)is
approved by the Minister;(e)at least 2 other
directors who—(i)havelegalorfinancialqualificationsandexperience; and(ii)are
independent of the beverage industry.(3)In
this section—independent of the beverage industry,
for a person, means thepersonisnotanexecutiveofficer,employeeorbusinessassociate of a
manufacturer of a beverage product.largebeveragemanufacturermeansamanufacturerofabeverage product other than a small
beverage manufacturer.small beverage manufacturersee
section 99R(2).Page 144Current as at
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102C]102CPowersThe Organisation
has the powers necessary for performing itsfunctions.Note—See
section 99J for the Organisation’s functions.Division 2Application for appointmentSubdivision 1Application102DMinister may invite application for
appointment(1)TheMinistermayinviteaneligiblecompanytoapplyforappointmentastheProductResponsibilityOrganisationforthe
container refund scheme.(2)The invitation
may state—(a)outcomestobemetbytheOrganisationinastatedperiod after
appointment—(i)relating to the Organisation’s
functions; and(ii)relating to
administering the scheme in a way thatprovidesopportunitiesforsocialenterprise,innovation and
the development of technology; and(b)other requirements for the
application.102EApplicationAfterreceivingtheinvitation,theeligiblecompany(theapplicant)mayapplyforappointmentastheProductResponsibility
Organisation.102FRequirements for application(1)The application must—Current as at [Not applicable]Page
145
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102F](a)be
in writing; and(b)include details of the applicant’s
plans for the followingmatters—(i)establishingandadministeringtheschemegenerally,includingtheestimatedcostsofestablishing and administering the
scheme;(ii)enteringintocontainerrecoveryagreementswithmanufacturers of beverage products,
including—(A)theproposedamountstobepaidbythemanufacturersundertheagreementstocontributetocostsoftheadministrationofthe
scheme; and(B)aproposedtimeframeforenteringtheagreements;(iii)establishing a network of container refund
points;(iv)entering into
container collection agreements withtheoperatorsofcontainerrefundpoints,including—(A)a
process for choosing persons with whom toenterintocontainercollectionagreements;and(B)proposedarrangementsforensuringcontainer refund
points are accessible to thepublic,includingproposedlocationsandoperating times; and(C)the
proposed amounts to be paid to operatorsundertheagreementsforhandling,sortingandtransportingcontainersforrecycling;and(D)aproposedtimeframeforenteringtheagreements;(v)achievinganyoutcomesstatedintheMinister’sinvitation;Page 146Current as at [Not applicable]
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102G](vi)settingtheamountspayableundertheschemementioned in
section 99J(2)(d); and(c)complywithanyotherrequirementsstatedintheMinister’s
invitation.(2)The application must be accompanied by
the following—(a)a copy of the applicant’s
constitution;(b)evidenceestablishingtheapplicantisaneligiblecompany and each
of its executive officers is an eligibleindividual;(c)adraftstrategicplanandoperationalplanforestablishing and administering the
scheme;(d)draft terms of a container recovery
agreement, containercollection agreement and material
recovery agreement;(e)adraftframeworkforresolvingdisputesbetweentheapplicant,manufacturersofbeverageproducts,theoperators of container refund points
and the operators ofmaterial recovery facilities;(f)draftpoliciesforhandlingcommercialorsensitiveinformation
about the beverage market;(g)thesignedconsentofeachpersonwhotheapplicantconsiders is an executive officer or
business associate ofthe applicant to—(i)thecollectionofpersonalorbackgroundinformationaboutthepersonbythechiefexecutive;
and(ii)a criminal
history check.102GReferral of application to chief
executive for assessmentAfterreceivingtheapplication,theMinistermustrefertheapplication to the chief executive for
assessment.Current as at [Not applicable]Page
147
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Reduction and Recycling Act 2011Chapter 4
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102H]102HWithdrawing or amending
applicationThe applicant may, at any time—(a)withdraw the application; or(b)amendtheapplicationwiththeagreementoftheMinister.Notauthorised—indicativeonlySubdivision 2Assessing
application102IChief executive assesses
applicationThe chief executive must—(a)assess whether the applicant is
suitable for appointmentas the Product Responsibility
Organisation; and(b)givetheMinisterareportabouttheapplicant’ssuitability.102JParticular matters for assessing
application(1)In assessing whether the applicant is
suitable for appointmentas the Organisation, the chief
executive must consider and, ifnecessary,
investigate the following—(a)the
application;(b)thedocumentsandevidencementionedinsection102F(2) that
accompanied the application;(c)theapplicant’sbusinessreputation,currentfinancialposition and
financial background;(d)thesuitabilityofeachexecutiveofficerandbusinessassociatetobeassociatedwiththeapplicantastheOrganisation;(e)whether,collectively,theexecutiveofficershavetheskills,knowledgeandexperiencerequiredfortheapplicant to
perform the functions of the Organisationeffectively and
efficiently.Page 148Current as at
[Not applicable]
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102K](2)In assessing the suitability of an
executive officer or businessassociate of the
applicant, the chief executive must considerand, if
necessary, investigate the person’s—(a)character or business reputation; and(b)relevant skills, knowledge and
experience; and(c)current financial position and
financial background.102KChief executive
may require further information ordocuments(1)The chief executive may, by notice,
require the applicant togivethechiefexecutivefurtherinformationoradocumentreasonably
required to decide the application.(2)When
making the requirement, the chief executive must warntheapplicanttheapplicationwillnotbeconsideredfurtheruntil the requirement is complied
with.Subdivision 3Deciding
application102LMinister decides application(1)Afterreceivingthechiefexecutive’sreportabouttheapplicant’s suitability, the Minister
must—(a)consider the application and report;
and(b)decide to—(i)appoint the applicant as the Product
ResponsibilityOrganisationandimposetheconditionsontheappointmenttheMinisterconsidersnecessaryordesirable; or(ii)refuse the application.(2)The
Minister must not decide to appoint the applicant unlessthe
Minister is satisfied—(a)theapplicanthassatisfactoryplansaboutthemattersmentioned in
section 102F(1)(b); andCurrent as at [Not applicable]Page
149
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102M](b)collectively,theexecutiveofficershavetheskills,knowledge and
experience required for the applicant toperformthefunctionsoftheOrganisationeffectivelyand
efficiently.102MDecision to make appointment(1)If the Minister decides to appoint the
applicant as the ProductResponsibilityOrganisation,theMinistermust,assoonaspracticableaftermakingthedecision,givetheapplicantanotice about the decision.(2)The notice must—(a)statetheapplicantisappointedastheProductResponsibility
Organisation; and(b)state when the appointment takes
effect; and(c)state any conditions imposed on the
appointment; and(d)iftheappointmentissubjecttoconditions—beaninformation notice for the decision.102NRefusal of applicationIf
the Minister decides to refuse the application, the Ministermust
give the applicant an information notice for the decisionwithin 10 business days after making the
decision.Subdivision 4General102OAppointment continues in force(1)The appointment of a company as the
Organisation continuesin force until the appointment is
cancelled.(2)However,iftheappointmentissuspended,theappointmentdoes not have
effect during the period of the suspension.Page 150Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Waste Reduction
and Recycling Act 2011Chapter 4 Management of priority
products and priority waste[s 102P]Application to amend appointment102PApplying to amend appointment(1)The company appointed as the
Organisation may apply to theMinister to
amend the appointment, including a condition ofthe appointment
(anamendment application).(2)TheMinistermustreferanamendmentapplicationtothechief executive for assessment.102QAssessing application(1)The chief executive must—(a)assess the amendment application;
and(b)givetheMinisterareportabouttheamendmentapplication.(2)Sections 102J and 102K apply—(a)forthepurposeofthechiefexecutiveassessingtheamendment application; and(b)as though a reference in those
sections to the applicationis a reference
to the amendment application.102RDeciding amendment application(1)This section applies after the
Minister is given a report aboutthe chief
executive’s assessment of an amendment applicationunder section 102Q.(2)The
Minister must—(a)considertheamendmentapplicationandreportaboutthechiefexecutive’sassessmentoftheamendmentapplication;
and(b)decide to—(i)grant the application; orCurrent as at [Not applicable]Page
151
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102S](ii)if
the Minister decides to grant the application—imposeoramendtheconditionsontheappointment the Minister considers are
necessaryor desirable; or(iii)refuse the application.102SDecision to amend appointment(1)IftheMinisterdecidestograntthecompany’samendmentapplication,theMinistermustgivethecompanyanoticeabout the
decision.(2)Thenoticemustbegivenassoonaspracticableafterthedecision is made and state—(a)how the appointment is amended;
and(b)any new conditions imposed on the
appointment; and(c)anyexistingconditionsamendedfortheappointment;and(d)when the amendment takes
effect.(3)IftheMinisterimposesoramendsanyconditionsontheappointment, the notice must also be
an information notice forthe decision to amend or impose the
conditions.102TRefusal of applicationIf
the Minister decides to refuse the amendment application,the
Minister must give the company an information notice forthe
decision within 10 business day of making the decision.Page
152Current as at [Not applicable]
Division 4Waste Reduction
and Recycling Act 2011Chapter 4 Management of priority
products and priority waste[s 102U]Amendment, suspension,cancellation and
appointment ofadministratorNotauthorised—indicativeonlySubdivision 1General102UMinister may amend appointmentThe
Minister may, on the Minister’s own initiative or on therecommendation of the chief executive, amend
a company’sappointment as the Organisation.102VGrounds for suspending or cancelling
appointment asOrganisationEachofthefollowingisagroundtosuspendorcancelacompany’s appointment as the
Organisation—(a)the company is no longer an eligible
company;(b)anexecutiveofficerofthecompanyisnolongeraneligible individual;(c)the
company is no longer suitable for appointment as theOrganisation;(d)thecompanyastheOrganisationhascontravenedaprovision of this Act;(e)thecompanyhascontravenedaconditionofitsappointment as the
Organisation;(f)the company as the Organisation has
failed to complywith a direction of the Minister under
section 102ZE;(g)the company as the Organisation has
failed to achieve,and is unlikely to achieve, an outcome
prescribed undersection 102ZF during a particular
period;(h)thecompanyastheOrganisationhascontravenedacompliance notice given to the company under
chapter11;Current as at [Not applicable]Page
153
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102W](i)the
company was appointed as the Organisation becauseofamateriallyfalseormisleadingrepresentationordeclaration.102WImmediate suspension(1)The
Minister may suspend the appointment of a company astheOrganisationimmediatelyiftheMinisterreasonablybelieves—(a)agroundexiststosuspendorcancelthecompany’sappointment;
and(b)the circumstances warrant the
immediate suspension ofthe appointment to ensure—(i)the safety of persons; or(ii)the public
interest in the scheme is not adverselyaffected.(2)If the Minister decides to suspend the
company’s appointmentunder subsection (1), the Minister
must give the company—(a)aninformationnoticeforthedecisiontosuspendtheappointment immediately; and(b)a show cause notice under section
102X.(3)The suspension—(a)takes effect when the notices are given to
the company;and(b)continues until
the earliest of the following happens—(i)the
Minister ends the suspension;(ii)the
show cause notice is finally dealt with;(iii)30
business days after the notices are given to thecompany.Page 154Current as at [Not applicable]
Notauthorised—indicativeonlySubdivision 2Waste Reduction
and Recycling Act 2011Chapter 4 Management of priority
products and priority waste[s 102X]Process for taking proposed action102XShow cause notice(1)This
section applies if the Minister proposes to—(a)amend the company’s appointment as the
Organisation(theproposed
action); or(b)suspendorcancelthecompany’sappointmentastheOrganisation (also theproposed action).(2)If the proposed action is suspension,
the proposed action mustalso include appointing an
administrator.(3)The Minister must give a notice
(ashow cause notice) aboutthe
proposed action to the company.(4)The
show cause notice must state the following—(a)the
proposed action;(b)if the proposed action is an
amendment—the proposedamendment;(c)if
the proposed action is suspension—the period of thesuspension;(d)the
grounds for the proposed action;(e)the
facts and circumstances that form the basis for thegrounds;(f)that
the company may, within a stated period (theshowcauseperiod),makeawrittensubmissiontotheMinister about why the proposed action
should not betaken.(5)Theshowcauseperiodmustendatleast28daysafterthecompany is given the show cause
notice.(6)The Minister may ask the chief
executive to prepare a reportabout the
submissions made by the company during the showcause
period.Current as at [Not applicable]Page
155
Waste
Reduction and Recycling Act 2011Chapter 4
Management of priority products and priority waste[s
102Y]Notauthorised—indicativeonly102YDecision about
proposed amendment, suspension orcancellation(1)Within 20 business days after the end of the
period for makingsubmissions stated in the show cause notice,
the Minister mustdecide whether or not to take the proposed
action.(2)The Minister may decide—(a)iftheproposedactionwastomakeastatedamendment—to
make the stated amendment; or(b)if
the proposed action was to suspend the appointmentfor
a stated period—to suspend the appointment for nolonger than the stated period; or(c)if the proposed action was to cancel
the appointment—tosuspendtheappointment foraperiodorcanceltheappointment.(3)However, the Minister may extend, on 1
occasion and by nomore than 20 business days, the period for
making a decisionby giving a notice about the extension to
the company beforethe end of the period.(4)Indecidingwhetherornotto taketheproposedaction,theMinister must consider the
following—(a)all submissions made by the company
during the showcause period;(b)iftheMinisteraskedthechiefexecutivetoprepareareportaboutthesubmissions—thechiefexecutive’sreport;(c)the objects of this Act and how they
are to be achieved,as stated in chapter 1, part 2;(d)another matter prescribed by
regulation.(5)IftheMinisterdecidestotaketheproposedaction,theMinistermust,within10businessdaysaftermakingthedecision,givethecompanyaninformationnoticeforthedecision.(6)The decision to take the proposed
action takes effect on thelater of the following days—Page
156Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 4
Management of priority products and priority waste[s
102Z](a)the day the information notice is
given to the company;(b)a day stated in
the information notice.(7)IftheMinisterdecidesnottotaketheproposedaction,theMinister must give the company a
notice about the decisionwithin 5 business days after making
the decision.Subdivision 3Appointment of
administrator102ZAppointment of administrator(1)The Minister may appoint an
administrator—(a)if the Minister suspends a company’s
appointment as theOrganisation under section 102Y—for the
company asthe Organisation; or(b)if
the Minister cancels a company’s appointment as theOrganisationundersection102Y—toperformthefunctions of the Organisation.(2)Anadministrator,duringtheadministrator’stermofappointment and to the exclusion of
any other person—(a)has the function—(i)foranadministratorappointedundersubsection(1)(a)—of
conducting and managing the affairs ofthe company as
the Organisation; or(ii)foranadministratorappointedundersubsection(1)(b)—of being
the Organisation under this Act;and(b)hastheotherfunctionsstatedintheadministrator’snotice of
appointment; and(c)is taken to be the
Organisation.(3)The function of the administrator
under subsection (2)(a) maybe limited by
the administrator’s notice of appointment.Current as at
[Not applicable]Page 157
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102ZA]102ZA
PowersAn administrator may do anything necessary
or convenient tobedonefor,orinconnectionwith,theadministrator’sfunctions.102ZB Providing
assistance(1)Anadministratorappointedundersection102Zmay,forperforming the administrator’s
functions, by a notice given toan officer or
employee or former officer or employee of thecompany, require
the person to—(a)produce documents in the person’s
possession that theadministratorreasonablyrequirestoperformthefunctions; or(b)providetheotherinformationorassistancetheadministratorreasonablyrequirestoperformthefunctions.(2)Apersonofwhomarequirementhasbeenmadeundersubsection(1)mustcomplywithitunlessthepersonhasareasonable excuse.Maximum
penalty—100 penalty units.(3)It is a
reasonable excuse for an individual not to comply withtherequirementifdoingsomighttendtoincriminatetheindividual.(4)In
this section—the companymeans—(a)iftheadministratorisappointedundersection102Z(1)(a)—thecompanywhoseappointmentastheOrganisation is suspended; or(b)iftheadministratorisappointedundersection102Z(1)(b)—thecompanythatwasappointedastheOrganisation most recently before the
administrator wasappointed.Page 158Current as at [Not applicable]
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Management of priority products and priority waste[s
102ZC]102ZC Remuneration and costs(1)If a person appointed as administrator
is not a public serviceemployee, the person is entitled to be
paid the remunerationdecided by the chief executive.(2)Thecostsofandincidentaltotheperformanceofthefunctions of the administrator are
payable by the company.(3)In this
section—the companysee section
102ZB(4).Subdivision 4Minor
amendment102ZD Minor amendment(1)The
Minister may make a minor amendment of a company’sappointment as the Organisation by giving a
notice about theamendment to the company.(2)This section applies despite
subdivision 2.(3)In this section—minoramendment,ofacompany’sappointmentastheOrganisation, means an amendment of
the appointment—(a)to correct a minor or formal error in
the appointment; or(b)to make another change that is not a
change of substanceand does not adversely affect the
company.Current as at [Not applicable]Page
159
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102ZE]Division 5Accountability, planning andreportingSubdivision
1Ministerial directions102ZE Ministerial
directions(1)TheMinistermaygivetheOrganisationawrittendirectionabout the performance of its functions or
the exercise of itspowers.(2)The
Organisation must comply with the direction.Note—Failure to comply with the direction is not
an offence but may be aground for suspending or cancelling a
company’s appointment as theOrganisation.
See section 102V.(3)TheOrganisationmustincludeinitsannualreportforafinancial year
prepared under section 102ZJ details of—(a)each
direction given by the Minister under this sectionin
the year; and(b)action taken by the Organisation in
the year because ofthe direction.Subdivision
2Outcomes, budget and planning102ZF
Regulation may prescribe outcomes to be achieved(1)A regulation may prescribe outcomes to
be achieved by theOrganisation, during a period stated in the
regulation, relatingto—(a)theOrganisation’sfunctions,including,forexample,outcomes
relating to—(i)the recovery and recycling of
containers under thescheme; orPage 160Current as at [Not applicable]
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Management of priority products and priority waste[s
102ZG](ii)theaccessibilityofcontainerrefundpointstomembers of the public; or(b)administeringtheschemeinawaythatprovidesopportunitiesforsocialenterprise,innovationandthedevelopment of technology.(2)The Organisation must use its best
endeavours to achieve anoutcome prescribed under subsection
(1).Note for subsection (2)—Failure to use
best endeavours to achieve an outcome is not an offencebutmaybeagroundforsuspendingorcancellingacompany’sappointment as
the Organisation. See section 102V.102ZG Annual
budget, strategic plan and operational plan(1)Before 31 March each year, the Organisation
must prepare, inthe way prescribed by regulation, and give
the Minister thefollowing documents—(a)a
budget of estimated costs of the scheme for the nextfinancial year, including the estimated
costs of—(i)the Organisation; and(ii)refundamountstobepaidforemptybeveragecontainers under the scheme; and(iii)the operation of
container refund points, includinghandling,
sorting and transporting empty beveragecontainers for
recycling;(b)a strategic plan;(c)an
operational plan.(2)Duringafinancialyear,theOrganisationmayamenditsbudget, strategic plan or operational plan
for that year.(3)TheOrganisationmustgivetheamendedbudget,strategicplanoroperationalplantotheMinisterwithin10businessdays after
making the amendment.Current as at [Not applicable]Page
161
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102ZH]102ZH Approval of
strategic plan(1)TheOrganisation’sstrategicplanhasnoeffectuntilithasbeen approved by
the Minister.(2)TheMinistermustapprovethestrategicplanassoonaspracticable after receiving the plan.(3)Anamendmenttoastrategicplan
has no effect until it hasbeen approved by—(a)for
a minor amendment—the Organisation; or(b)otherwise—the Minister.(4)In
this section—minor amendment, of a strategic
plan, means an amendmentof a minor nature that does not
materially change the plan.Subdivision
3Reporting102ZIQuarterly reports(1)TheOrganisationmustgivetheMinisterareportaboutitsoperations for each quarter in a
financial year.(2)The report for a quarter must be given
to the Minister—(a)within 6 weeks after the end of the
quarter; or(b)if another period after the end of the
quarter is agreedbetween the Organisation and the
Minister—within theagreed period.(3)The
report must include the information—(a)stated in the Organisation’s strategic plan;
or(b)prescribed by regulation.(4)In this section—quarter, in
a financial year, means the following periods in theyear—(a)1
July to 30 September;Page 162Current as at
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Management of priority products and priority waste[s
102ZJ](b)1 October to 31 December;(c)1 January to 31 March;(d)1 April to 30 June.102ZJAnnual report(1)TheOrganisationmustgivetheMinisterareportaboutitsoperations for each financial
year.(2)AnannualreportforafinancialyearmustbegiventotheMinister by 30 September after the end
of the financial year.(3)Anannualreportforafinancialyearmustincludethefollowing—(a)annual financial statements for the year
that have beenaudited by a third-party auditor;(b)detailsoftheOrganisation’sachievementsduringtheyear of—(i)the
objectives in its strategic and operational plans;or(ii)an outcome
prescribed under section 102ZF;(c)the
information—(i)stated in the Organisation’s strategic
plan; or(ii)prescribed by
regulation.(4)In this section—third-party
auditormeans a person who—(a)isappropriatelyqualifiedtoaudittheOrganisation’sannual financial
statements; and(b)is not an executive officer or
business associate of theOrganisation.Current as at
[Not applicable]Page 163
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102ZK]102ZK Organisation
must inform MinisterThe Organisation must immediately
inform the Minister aboutany matter that the Organisation
considers may—(a)prevent, or significantly affect, its
achievement of—(i)the objectives in its strategic and
operational plans;or(ii)an outcome
prescribed under section 102ZF; or(b)significantly impact on—(i)its
performance of its functions; or(ii)its
financial position or viability; or(iii)public confidence in the integrity of the
scheme.102ZL Reporting to chief executive(1)TheMinistermayactunderthissectionforthepurposeofmonitoring,assessingorreportingontheOrganisation’sperformance of
its functions.(2)TheMinistermayrequiretheOrganisationtoreporttothechief executive by, for example,
giving stated information atstated times to
the chief executive.(3)The Organisation
must comply with the requirement.Note—Failure to comply with the requirement is
not an offence but may be aground for
suspending or cancelling a company’s appointment as theOrganisation. See section 102V.Subdivision 4General102ZM
Requirement to implement plans in application(1)The
Organisation must implement its plans for the followingmattersasstatedinitsapplicationforappointmentastheOrganisation—Page 164Current as at [Not applicable]
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Management of priority products and priority waste[s
102ZN](a)establishing and administering the
scheme generally;(b)enteringintocontainerrecoveryagreementswithmanufacturers of beverage products;(c)establishing a network of container
refund points;(d)enteringintocontainercollectionagreementswiththeoperators of container refund
points;(e)achievinganyoutcomesstatedintheMinister’sinvitation under
section 102D;(f)settingtheamountspayableundertheschemementioned in
section 99J(2)(d).(2)TheOrganisationmustestablishandoperateacontainerrefund point in
a community if—(a)persons in the community do not have
reasonable accessto a container refund point; and(b)the Organisation has not identified
another person withwhom to enter into a container collection
agreement tooperate a container refund point in the
community.(3)ThissectionappliessubjecttoaconditionoftheOrganisation’s
appointment.Note—Failure to
comply with this section is not an offence but may be aground for suspending or cancelling a
company’s appointment as theOrganisation.
See section 102V.102ZN Status as eligible company(1)TheOrganisationmust,ineachyear,givethechiefexecutive—(a)a
notice about whether the Organisation is, and has beenduring the previous year, an eligible
company; and(b)a copy of the Organisation’s
constitution.(2)The notice and copy must be given
within 10 business daysafterthedaythatistheanniversaryofthecompany’sappointment as
the Organisation.Current as at [Not applicable]Page
165
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 4 Management of priority products and
priority waste[s 102ZO]102ZO Notice of
particular events(1)If any of the following events
happens, the Organisation mustgive a notice
about the event to the chief executive—(a)aneventthatmakestheOrganisationnolongeraneligible company;(b)aneventthatmakesanexecutiveofficerorbusinessassociateoftheOrganisationnolongeraneligibleindividual;(c)the
appointment or employment of an executive officerof
the Organisation ends;(d)apersonisappointedoremployedasanexecutiveofficer of the
Organisation;(e)a shareholder or member of the
Organisation stops beinga shareholder or member of the
Organisation;(f)apersonbecomesashareholderormemberoftheOrganisation.(2)The
notice must be given within 10 business days after theevent happens.(3)A
notice about an event mentioned in subsection (1)(a) mustinclude the Organisation’s plan and
timetable for making theOrganisation an eligible
company.(4)A notice about an event mentioned in
subsection (1)(d) or (f)must be accompanied by the signed
consent of the person whois the subject of the notice
to—(a)thecollectionofpersonalorbackgroundinformationabout the person
by the chief executive; and(b)a
criminal history check.Page 166Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 6Waste Reduction
and Recycling Act 2011Chapter 4 Management of priority
products and priority waste[s 102ZP]Miscellaneous102ZP
Delegation(1)The Organisation may delegate its
functions and powers underthis Act to a director or
appropriately qualified employee ofthe
Organisation.(2)ThechiefexecutiveofficeroftheOrganisation(howeverdescribed) may, with the Organisation’s
approval, subdelegateafunctiondelegatedtothechiefexecutiveofficerundersubsection (1) to an appropriately qualified
employee of theOrganisation.102ZQ Obtaining
the criminal history of an individual(1)This
section applies in relation to an individual who—(a)isanexecutiveofficerorbusinessassociateoftheOrganisation or
an applicant under division 2; and(b)hasgivenwrittenconsenttothechiefexecutiveobtaining the individual’s criminal
history.(2)The chief executive may ask the
commissioner of the policeserviceforawrittenreportabouttheindividual’scriminalhistory, including a brief description of
the circumstances ofany conviction mentioned in the
individual’s criminal history.(3)Afterreceivingtherequest,thepolicecommissionermustgive
the report about the individual’s criminal history to thechief executive.(4)However,thedutyimposedonthepolicecommissionerapplies only to
information in the commissioner’s possessionor to which the
commissioner has access.102ZR Corporations Act
displacementAprovisionofthispart,totheextenttheprovisionisincapableofconcurrentoperationwithaprovisionoftheCurrent as at [Not applicable]Page
167
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 5 Offences relating to littering and
illegal dumping[s 103]Corporations
Act, is declared to be a Corporations legislationdisplacement provision for section 5G of
that Act.Note—Section 5G of
the Corporations Act provides that if a State law declaresaprovisionofalawofaStatetobeaCorporationslegislationdisplacement
provision, any provision of the Corporations legislationwith
which the State provision would otherwise be inconsistent
doesnot apply to the extent necessary to avoid
the inconsistency.Chapter 5Offences
relating to litteringand illegal dumpingPart
1Basic littering and illegaldumping offences103General littering provision(1)A person must not litter at a
place.Maximum penalty—(a)if
the offence involves dangerous littering—40 penaltyunits; or(b)otherwise—30 penalty units.(2)Forsubsection
(1),apersonlittersataplaceifthepersondeposits at the place an amount of waste
that is less than 200Lin volume.(3)However, a person who deposits at a place an
amount of wasteoflessthan200Linvolume(therelevantwaste)doesnotlitter at the place if—(a)the
person is an occupier of the place; or(b)the
person deposits the relevant waste with the consentof
an occupier of the place; orPage 168Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 5
Offences relating to littering and illegal dumping[s
104](c)the person deposits the relevant waste
by placing it in abinorothercontainerprovidedbyanoccupieroftheplace,orbyanotherpersonwiththeagreementofanoccupier,forthepurposeofdepositingtherelevantwaste.(4)Despite subsection (3), a person who
deposits at a place on aroad an amount of waste of less than
200L in volume (also therelevant waste)—(a)commitsanoffenceundersubsection (1)evenifthepersonisanoccupieroftheplace,ordepositstherelevantwastewiththeconsentofanoccupieroftheplace; but(b)does
not commit an offence under subsection (1) if theperson deposits the waste by placing it in a
bin or othercontainerprovidedbyanoccupieroftheplace,orbyanother person
with the agreement of an occupier, andlocatedattheplace,for
thepurposeofdepositingtherelevant waste.Example for
subsection (4)—A person would commit an offence under
subsection (1) if the person,on a road under
the control of a local government, deposited 50L ofwasteinawastebinplacedontheroadbyaroadmaintenancecontractor, with
the local government’s agreement, for the purpose ofcollecting waste road material.(5)In this section—dangerous
litteringmeans depositing waste that causes or
islikely to cause harm to a person, property
or the environment.Examples of dangerous littering—•throwingalitcigaretteontodrygrassinextremefiredangerconditions•smashing a bottle and leaving the broken
glass on a footpath•leavingasyringeinapublicplaceotherthaninacontainerintended for receiving used syringes104Illegal dumping of waste
provision(1)A person must not illegally dump waste
at a place.Current as at [Not applicable]Page
169
Waste
Reduction and Recycling Act 2011Chapter 5 Offences
relating to littering and illegal dumping[s 104]Notauthorised—indicativeonlyMaximum penalty—(a)if
the offence involves depositing a volume of less than2,500L of waste—400 penalty units; or(b)if the offence involves depositing a
volume of 2,500L ormore of waste—whichever is the greater of
the followingamounts—(i)1,000 penalty units;(ii)afinethatistwicethewastelevyamountthatwouldhavebeenpayable,whenthewastewasdumped,bytheoperatorofalevyablewastedisposal site if the waste had been
delivered to thesite.Note—If a
corporation commits an offence against this provision, an
executiveofficer of the corporation may be taken,
under section 268, to have alsocommitted the
offence.(2)For subsection (1), a person illegally
dumps waste at a place ifthepersondepositsattheplaceanamountofwastethatis200L or more in volume.(3)However, a person who deposits at a
place an amount of wasteof200Lormoreinvolume(therelevantwaste)doesnotillegally dump the relevant waste if—(a)the person is an occupier of the
place; or(b)the person deposits the relevant waste
with the consentof an occupier of the place; or(c)the person deposits the waste by
placing it in a bin orother container provided by an
occupier of the place, orby another person with the agreement
of an occupier, forthe purpose of depositing the relevant
waste.(4)Despite subsection (3), a person who
deposits at a place on aroad an amount of waste of 200L or
more in volume (also therelevant waste)—(a)commitsanoffenceundersubsection (1)evenifthepersonisanoccupieroftheplace,ordepositsthePage
170Current as at [Not applicable]
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105]relevantwastewiththeconsentofanoccupieroftheplace; but(b)does
not commit an offence under subsection (1) if theperson deposits the relevant waste by
placing it in a binor other container provided by an occupier
of the place,or by another person with the agreement of
an occupier,and located at the place, for the purpose of
depositingthe relevant waste.(5)Two
or more deposits of waste at a place are taken to be 1deposit of waste for this section if they
together constitute aconnected series of deposits.Example—A connected
series of 3 deposits of waste at a place, each of a volumeof
approximately 80L, would constitute the deposit at the place of
anamount of waste that is more than 200L in
volume.Part 2Material that
may becomewaste105What
isadvertising material(1)Advertisingmaterialmeansanyofthefollowing,ifitincludes any form of advertising for a
commercial purpose—(a)a circular, a flyer, promotional
matter, information or aletter;(b)a
newspaper, magazine or other publication distributedwithout charge to intended readers.(2)In this section—flyermeansasinglesheetofprintedmaterialcirculatedtoannounce an event, promote a cause or
advertise a product.106What isunsolicited
advertising materialfor premises(1)AdvertisingmaterialisunsolicitedadvertisingmaterialforpremisesifitisnotaddressedbynametoanownerorCurrent as at [Not applicable]Page
171
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 5 Offences relating to littering and
illegal dumping[s 107]occupierofthepremisesortoapersonwhoisotherwiselawfully at the
premises from time to time.Examples of
unsolicited advertising material—advertising
material addressed only as ‘To the householder’ or ‘To theoccupier’(2)However,thefollowingarenotunsolicitedadvertisingmaterialfor
premises—(a)a newspaper delivered to the premises,
unless the owneror occupier of the premises has advised the
publisher ordistributor of the newspaper that the owner
or occupierdoes not wish to receive the
newspaper;(b)material folded or inserted into a
newspaper delivered tothe premises if under this subsection
the newspaper isnot unsolicited advertising material for the
premises.107Unlawful delivery provision(1)Apersonmustnotdelivertopremisesanyunsolicitedadvertising
material for the premises if—(a)onanexteriorreceptacleorotherplaceforreceivingmail for the
premises, or on a boundary fence or gateadjoining the
footpath or other public access point forthe premises,
there is a legible sign or marking; and(b)thesignormarkingstates‘NoAdvertisingMaterial’,‘No Junk Mail’,
‘Australia Post Mail Only’ or words tosimilareffectorotherwisecontainsanywordsinEnglishindicating,expresslyorbyimplication,thatunsolicited advertising material for the
premises is notto be delivered to the premises; and(c)thesignormarkingisclearlyvisibletoapersondelivering the advertising material to the
premises.(2)Thissectiondoesnotapplytothegivingofunsolicitedadvertising
material for premises personally to a person at thepremises.(3)To
remove any doubt, it is declared that this section does notapplytothedeliverytopremisesofanewspaperunless,Page
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108]having regard to section 106(2), the
newspaper is unsolicitedadvertising material for the
premises.Notauthorised—indicativeonly108Secure delivery provision(1)A person who delivers to premises any
unsolicited advertisingmaterialforthepremisesmustensurethatthematerialisplaced securely—(a)in a
receptacle, slot or other place used for the deliveryof
mail to the premises; or(b)inareceptacleorslotthatisusedforthedeliveryofnewspapers to the premise; or(c)under a door of the premises.(2)To remove any doubt, it is declared
that this section does notapplytothedeliverytopremisesofanewspaperunless,having regard to section 106(2), the
newspaper is unsolicitedadvertising material for the
premises.109Placing document on or in motor
vehicle or on buildingor other fixed structure(1)Apersonmustnotplaceanydocumentinoronamotorvehiclewithouttheexpressconsentofapersonwhoisaregistered operator, owner or driver of the
vehicle.(2)Apersonmustnotattachanydocumenttoanybuildingorother fixed structure without the express
consent of the owneror occupier of the building or
structure, or of a person actingfor the owner or
occupier.(3)For subsections (1) and (2), it does
not matter whether or notthe document is advertising
material.(4)Apersondoesnotcontravenesubsection
(1)or(2)iftheperson places a document in or on a
motor vehicle, or attachesa document to a building or other
fixed structure—(a)in the lawful performance of a
function under an Act; or(b)if the action is
reasonable in the circumstances.Current as at
[Not applicable]Page 173
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2011Chapter 5 Offences relating to littering and
illegal dumping[s 110]Example of
reasonable actions—•leaving a note on a motor vehicle
providing contact detailsafter causing accidental damage to the
motor vehicle•leaving a note on a motor vehicle to
indicate that the placewherethemotorvehicleisparkedisreservedforotherpurposes(5)In this section—documentmeans any paper or other material on which
there iswriting or any drawing, figure, symbol or
other expression.110Advice to chief executive about
placing or attachingdocuments(1)Thissectionappliesifthechiefexecutivebelievesonreasonable grounds that documents have been
distributed bybeing placed in or on motor vehicles, or
attached to buildingsor other fixed structures, in
contravention of section 109.(2)The
chief executive may give a notice under this section to apersonwhoisanadultifthechiefexecutivereasonablybelieves the
person—(a)authorisedorarrangedforthedistributionofthedocuments; or(b)authorised or arranged for printing of the
documents; or(c)placed or attached any of the
documents.(3)A notice under subsection (2)(a) or
(b) may require the personto advise the chief executive of the
name and contact details ofanypersonwhoplacedorattached1ormoreofthedocuments.(4)A
notice under subsection (2)(b) or (c) may require the personto
advise the chief executive of the name and contact details
ofthe person who authorised or arranged for
distribution of thedocuments.(5)Apersonwhoisgivenanoticeunderthissectionmustcomply with the
notice within 7 days after receiving the noticeunless the
person has a reasonable excuse.Page 174Current as at [Not applicable]
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111]Maximum penalty—40 penalty units.Notauthorised—indicativeonly111Advice to chief executive about
delivering or distributingadvertising material(1)Thissectionappliesifthechiefexecutivebelievesonreasonablegroundsthatadvertisingmaterialhasbeendistributedinanareabybeingdeliveredtopremisesincontravention of the unlawful delivery
provision or the securedelivery provision.(2)The chief executive may give a notice
under this section to apersonwhoisanadultifthechiefexecutivereasonablybelieves the
person—(a)authorisedorarrangedforthedistributionoftheadvertising material; or(b)authorised or arranged for the
printing of the advertisingmaterial;
or(c)delivered any of the advertising
material.(3)A notice under subsection (2)(a) or
(b) may require the personto advise the chief executive of the
name and contact details ofany person who
delivered any of the advertising material.(4)A
notice under subsection (2)(b) or (c) may require the personto
advise the chief executive of the name and contact details
ofthe person who authorised or arranged for
distribution of theadvertising material.(5)Apersonwhoisgivenanoticeunderthissectionmustcomply with the
notice within 7 days after receiving the noticeunless the
person has a reasonable excuse.Maximum
penalty—40 penalty units.112Avoiding
accumulations of waste(1)Thissectionappliesifaperson(theresponsibleentity)authorises,orarrangesfor,thedistributionofadvertisingmaterial to
premises in an area.Current as at [Not applicable]Page
175
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2011Chapter 5 Offences relating to littering and
illegal dumping[s 113](2)Theresponsibleentitymusttakereasonablestepstoensurethattheadvertisingmaterialdoesnot,havingregardtotheway in which it
is delivered to premises, become waste.Maximum
penalty—100 penalty units.Example of reasonable steps for
subsection (2)—The advertising material is delivered in a
way that is consistent with theDistributionStandardsBoard’scodeofpracticeforthedeliveryofadvertising material.(3)If,inthedeliveryofanyoftheadvertisingmaterialtoanypremises,apersoncontravenestheunlawfuldeliveryprovisionorthesecuredeliveryprovision,theresponsibleentity must, if
directed by the chief executive to do so, collectthe
material from the premises within the period directed bythe
chief executive.Maximum penalty—100 penalty units.(4)Thissectiondoesnotapplytoanewspaperunless,havingregardtosection 106(2),thenewspaperisunsolicitedadvertising
material for premises.Part 3Vehicle
littering or illegaldumping offencesDivision 1Preliminary113Application of pt 3(1)Thispartappliestoanoffenceagainstarelevantoffenceprovisioniftheoffenceisavehiclelitteringorillegaldumping
offence.(2)An offence against a relevant offence
provision is avehiclelittering or
illegal dumping offenceif—(a)theoffenceiscommittedbyapersonwhois,orbecomes,anoccupantofavehiclethatisassociatedwith the
commission of the offence; andPage 176Current as at [Not applicable]
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114](b)undertheStatePenaltiesEnforcementAct1999,anoffenceagainsttherelevantoffenceprovisionisprescribed to be an offence to which that
Act applies.(3)Avehicleisassociatedwiththecommissionofanoffenceagainst a
relevant offence provision if, for example, the personwho
committed the offence—(a)was in the
vehicle when the offence was committed; or(b)was
leaving or had just left the vehicle when the offencewas
committed; or(c)used the vehicle to transport waste to
the place wherethe offence was committed; or(d)committed the offence near the vehicle
before enteringthe vehicle.(4)Despite subsection (1), this part does not
apply to a vehiclelittering or illegal dumping offence
if—(a)thevehicleassociatedwiththecommissionoftheoffencewasapublicpassengervehiclebeingusedtotransport members of the public; and(b)the offence was committed by a person
other than thedriver of the vehicle.(5)In
this section—relevantoffenceprovisionmeansthegenerallitteringprovision or the illegal dumping of waste
provision.Division 2Applying State
PenaltiesEnforcement Act 1999114Application of State Penalties Enforcement
Act 1999(1)FortheStatePenaltiesEnforcementAct1999,avehiclelittering or
illegal dumping offence is an offence involving avehicle as defined under that Act.Current as at [Not applicable]Page
177
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 5 Offences relating to littering and
illegal dumping[s 115](2)For
applying the State Penalties Enforcement Act 1999 to avehicle littering or illegal dumping
offence, the references insections 17(3),22(1)(d)and157(2)(j)toanillegaluserdeclaration, a known or unknown user
declaration or a soldvehicledeclarationaretakentoincludeareferencetoapassenger declaration.Editor’s note—Subsection (2)
includes an uncommenced amendment—see 2017 ActNo. 13 sch
1.(3)Subsection (2) does not affect a
person’s right under theStatePenalties
Enforcement Act 1999, section 17(3) to give a SPEAdeclaration for a vehicle for the
offence.(4)However,ifapersongivesapassengerdeclarationfortheoffence, another person may not give a
SPEA declaration or apassenger declaration for the same
offence.(5)In this section—SPEA
declarationmeans an illegal user declaration, a
knownorunknownuserdeclarationorasoldvehicledeclarationunder theState Penalties Enforcement Act 1999.115Effect of passenger declaration(1)This section applies if—(a)a vehicle littering or illegal dumping
offence happens;and(b)aninfringementnoticefortheoffenceisservedonaprescribed person for the offence;
and(c)theprescribedpersonmakesandgivestotheadministeringauthorityfortheinfringementnoticeapassenger declaration for the
offence.(2)TheState Penalties
Enforcement Act 1999, section 17 appliesas
if the person named in the declaration as the person whodepositedthewaste(thepassenger)weretheownerofthevehicle at the relevant time and
date.Page 178Current as at
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Offences relating to littering and illegal dumping[s
116](3)Aproceedingfortheoffencemaybestartedagainstthepassenger only if a copy of the
declaration has been served onthe
passenger.(4)Inaproceedingfortheoffenceagainstthepassenger,thedeclaration is evidence that the passenger
deposited the wasteat the relevant time and date.(5)In a proceeding for the offence
against the prescribed person,acourtmustnotfindtheprescribedpersonguiltyoftheoffence if it is satisfied, whether on
the statements containedin the declaration or otherwise, the
prescribed person did notdeposit the waste at the relevant time
and date.(6)In this section—administering
authority, for the infringement notice, meanstheadministeringauthorityforthenoticeundertheStatePenalties
Enforcement Act 1999.relevant time and datemeans the time and date stated in theinfringementnoticeasthetimeanddateofthevehiclelittering or
illegal dumping offence.116Service of
infringement notice for vehicle littering orillegal dumping
offence(1)Aninfringementnoticeforavehiclelitteringorillegaldumpingoffencemaybeservedonthepersonnamedinapassenger
declaration as the person who deposited the waste.(2)If the infringement notice is to be
served by post, the noticemay be addressed to the person at the
person’s address statedin the declaration.117Chief executive (transport) must
disclose information(1)This section
applies if—(a)an authorised person is reasonably
satisfied that vehicleregistry information may be
used—(i)inaproceedingagainstapersonforavehiclelittering or
illegal dumping offence; orCurrent as at
[Not applicable]Page 179
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2011Chapter 5 Offences relating to littering and
illegal dumping[s 118](ii)fortheserviceofaninfringementnoticeonapersonforavehiclelitteringorillegaldumpingoffence; and(b)theauthorisedpersonasksthechiefexecutive(transport) for the information.(2)The chief executive (transport) must
disclose the informationto the authorised person if—(a)the chief executive (transport)
reasonably considers thatthe information may be used—(i)in a proceeding against the person for
the vehiclelittering or illegal dumping offence;
or(ii)fortheserviceofaninfringementnoticeontheperson for the
vehicle littering or illegal dumpingoffence;
or(b)the disclosure is authorised by the
person to whom theinformation relates.(3)In
this section—chief executive (transport)means the chief executive of thedepartmentinwhichtheTransportOperations(RoadUseManagement) Act 1995is
administered.vehicleregistryinformationmeansinformationkeptintheregisterofregisteredvehiclesunderaregulationundertheTransport Operations (Road Use
Management) Act 1995.Division 3Public reporting
of vehicle litteringor illegal dumping offences118Facilitating enforcement of vehicle
littering or illegaldumping offence(1)If a
person (thereporter) observes an
incident that the reporterconsiders to be the commission of a
vehicle littering or illegaldumping offence,
the reporter may give the chief executive aPage 180Current as at [Not applicable]
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118]Notauthorised—indicativeonlysigned notice (avehicle
littering or illegal dumping report)containing information about the
incident.(2)The chief executive must maintain
arrangements for receivingandgivingconsiderationtoanyvehiclelitteringorillegaldumping report,
whether the report is given in hard copy orelectronic
form.(3)The chief executive must not, other
than with the consent ofthereporter,ortotakeactionunderthischapter,includingstarting a
proceeding, release to any person a vehicle litteringor
illegal dumping report.(4)Avehiclelitteringorillegaldumpingreportshould,ifpracticable, include enough
information about the incident toallow the chief
executive to form an opinion about whether avehicle
littering or illegal dumping offence has happened, andif
so, the circumstances of the offence.(5)Without limiting subsection (4), the
information may includethe following—(a)the
reporter’s name, street address and contact details;(b)thedate,theapproximatetimeandtheplaceoftheincident;(c)registration details of the vehicle
involved;(d)the make, model, body type and colour
of the vehicleinvolved;(e)the
type and amount of waste deposited;(f)any
other details that may in the circumstances help thechief executive;Example—the
side of the vehicle from which waste was thrown(g)whether the reporter is prepared to give
evidence aboutthe incident in a court if asked to do
so.(6)Without limiting the factors the chief
executive may take intoconsiderationindecidingwhethertotakeanyactioninrelationtoavehiclelitteringorillegaldumpingreport,thefactors may include the following—Current as at [Not applicable]Page
181
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 6 Strategic planning for waste
reduction and recycling[s 119](a)whether the reporter can be
identified;(b)whether there is enough detail in the
report to allow thechiefexecutivetoformanopinionaboutwhetheravehiclelitteringorillegaldumpingoffencehashappened;(c)whether the reporter has been identified,
having regardto previous vehicle littering or illegal
dumping reportsor other previous correspondence, as a
person who hasgiveninformationthatisvexatiousormischievousinnature;(d)whetherthereporterispreparedtogiveevidenceincourt about the circumstances of the
vehicle littering orillegal dumping offence;(e)whetherthevehiclereportedonisavehicletowhichthis part
applies.Chapter 6Strategic
planning for wastereduction and recyclingPart 1Preliminary119Purpose of chapterThepurposeofthischapteristoprovide,inawaythatachievestheobjectsofthisAct,forstrategicplanningforimproving waste management—(a)at regional and individual local
government level; and(b)at state
government departmental level; and(c)at
business and industry level.Page 182Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 6
Strategic planning for waste reduction and recycling[s
120]120Meaning ofwaste reduction
and recycling planAwaste reduction and recycling
plan, for an entity, is a planthat—(a)establishes strategic waste management,
including wastereduction and recycling, planning
requirements for theentity for—(i)a
particular aspect of waste management relevantto the entity;
or(ii)some or all
aspects of waste management relevantto the entity;
and(b)has been prepared and adopted in
compliance with therequirements of this chapter.Part
2Local government strategicplanning for wasteDivision 1Introduction121Object of pt 2The object of
this part is to provide for each local governmentto
prepare, adopt and implement a plan for managing waste, initslocalgovernmentarea,inawaythatbestachievestheobjects of this Act.122Local
governments combining on a regional basisIf 2 or more
local governments combine as a single entity toprepare a waste
reduction and recycling plan for an aspect ofwaste
management, the plan must satisfy the requirements forwaste reduction and recycling plans for that
aspect of wastemanagement for all the local
governments.Current as at [Not applicable]Page
183
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 6 Strategic planning for waste
reduction and recycling[s 123]Division 2Obligation of local government forwaste reduction and recycling plans123Local government’s waste reduction and
recycling planobligation(1)Onandfromthedayprescribedunderaregulation,alocalgovernment has
an obligation at all times to ensure that—(a)all
aspects of waste management in its local governmentarea
are comprehensively addressed by 1 or more wastereduction and recycling plans; and(b)eachwastereductionandrecyclingplanhasbeenprepared by the
local government or with its approval,and has been
adopted by the local government; and(c)eachwastereductionandrecyclingplanisbeingimplemented in
accordance with its terms.(2)Without limiting
subsection (1), the local government’s wastereduction and
recycling plans must, to the extent reasonablypracticable,
include the following—(a)waste reduction
and recycling targets for—(i)wastegeneratedbythelocalgovernmentincarrying out its activities; and(ii)wastegeneratedbyhouseholdsinthelocalgovernment’s
local government area; and(iii)otherwastegeneratedinthelocalgovernment’slocalgovernmentareaotherthanbythelocalgovernment;(b)actionstobetakentoimprovewastereductionandrecycling of—(i)wastegeneratedbythelocalgovernmentincarrying out its activities; and(ii)wastegeneratedbyhouseholdsinthelocalgovernment’s
local government area; andPage 184Current as at
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Strategic planning for waste reduction and recycling[s
124](iii)otherwastegeneratedinthelocalgovernment’slocalgovernmentareaotherthanbythelocalgovernment;(c)details of current and proposed waste
infrastructure;(d)themanagementandmonitoringofthelocalgovernment’s
performance under the plans;(e)information about achieving continuous
improvement inwaste management;(f)othermattersprescribedunderaregulationabouttherequirements for a local government’s
waste reductionand recycling plans.124Matters to be complied with in the
preparation andadoption of a local government’s waste
reduction andrecycling plan(1)Alocalgovernment,inpreparingoradoptingawastereductionandrecyclingplanforitslocalgovernmentarea,must
have regard to—(a)currentandpredictedinformationaboutthefollowingmatters relating
to its area—(i)population profiles;(ii)residential,industrialandcommercialdevelopment;(iii)amounts and types of waste generated;
and(b)theservices,marketsandfacilitiesrelevanttodealingwith different
types and amounts of waste; and(c)the
waste and resource management hierarchy; and(d)the
waste and resource management principles; and(e)howthegoalsandtargetsoftheState’swastemanagement strategy will be achieved.(2)Subsection (1) does not limit the
matters the local governmentmay or ought to
have regard to.Current as at [Not applicable]Page
185
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 6 Strategic planning for waste
reduction and recycling[s 125](3)A
waste reduction and recycling plan for a local governmentmustprovidefortheplantobeineffectforaperiod(theimplementation periodfor the plan) of
at least 3 years.(4)Subsection (3) does not stop a waste
reduction and recyclingplanbeingamendedorreplacedwithintheimplementationperiod for the
plan.125Adoption of plan following
consultation(1)Alocalgovernmentmustbyresolutionadoptawastereductionandrecyclingplan,oranamendmentofawastereduction and recycling plan, before the
plan or amendment isimplemented in its local government
area.(2)Before adopting the plan or amendment,
the local governmentmustconsultwiththepublicabouttheproposedplanoramendment.(3)Thelevelofconsultationmustbeappropriateinthecircumstances, having regard to the
level of significance of theplan or
amendment.(4)However,ifanewwastereductionandrecyclingplanisproposed to be adopted, or a proposed
amendment of a wastereductionandrecyclingplanwillsubstantiallyaffecttheoperation of the plan, the proposed
plan or amendment mustbe made available for public comment,
including especiallyby households and businesses, for at
least 28 days.(5)The local government must, in
finalising a plan or amendmentforadoption,takeintoaccountanysubmissionsreceivedabout the plan or amendment.126Review of planA local
government must, at least every 3 years, review eachwaste reduction and recycling plan having
effect in its localgovernment area.Page 186Current as at [Not applicable]
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Strategic planning for waste reduction and recycling[s
127]127Amendment of plan(1)Alocalgovernmentmayadoptanamendmentofawastereductionandrecyclingplanhavingeffectinitslocalgovernmentareaifitconsiderstheamendmenttobeappropriate, having regard to—(a)changingwastereductionandrecyclingopportunities;and(b)changing circumstances in which the
plan operates; and(c)othermattersarisingfromareviewoftheplanasrequired under this part; and(d)anything else the local government
considers relevant.(2)A local government may not adopt an
amendment of a wastereduction and recycling plan having
effect in 2 or more localgovernment areas unless all the local
governments adopt theamendment.Division 3Chief executive action to preparewaste reduction and recycling planfor
local government128Chief executive may prepare waste
reduction andrecycling plan(1)Thissectionappliesif,incontraventionofalocalgovernment’s
waste reduction and recycling plan obligation,the local
government does not have in place a waste reductionandrecyclingplanaddressinganaspectofwastereductionand
recycling relevant to the local government.(2)Thechiefexecutivemayprepareawastereductionandrecycling plan for the local
government to address the aspect.(3)Beforepreparingtheplan,thechiefexecutivemustgivenotice to the local government stating the
following—(a)the chief executive’s intention to
prepare the plan;Current as at [Not applicable]Page
187
Waste
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Strategic planning for waste reduction and recycling[s
128]Notauthorised—indicativeonly(b)thereasonswhyitisnecessaryfortheplantobeprepared;(c)thatthelocalgovernmentmaymakeawrittensubmissiontothechiefexecutiveaboutthechiefexecutive’s
intention to prepare the plan;(d)thatthesubmissionmustbereceivedbythechiefexecutivewithin28daysafterthelocalgovernmentreceives the
notice (thesubmission period).(4)Thelocalgovernment’swrittensubmissionmayincludedetailsofactionsthelocalgovernmentintendstotaketoensure it complies with its waste reduction
and recycling planobligation.(5)If
after the submission period ends, and the consideration ofany
submissions, the chief executive still proposes to preparethe
plan, the chief executive must give the local governmentaninformationnoticeforthechiefexecutive’sdecisiontoprepare the plan.(6)The
chief executive must prepare and adopt the plan, to thegreatest practicable extent, as if it were
the local government.Example—The chief
executive must consult on, and publicise, the plan to the
sameextent the local government would have been
required to consult andpublicise.(7)The
plan, as prepared and adopted by the chief executive, haseffectas,andmaybetakentobe,awastereductionandrecycling plan prepared and adopted by the
local government,andmustbeimplementedbythelocalgovernmentinaccordance with its terms.(8)The local government must reimburse
the chief executive forallcosts,chargesandexpensesreasonablyincurredbythechief executive
in acting under this section.(9)An
amount owing under subsection (8) may be recovered bythechiefexecutivefromthelocalgovernmentasadebtpayable by the
local government to the State, and may at thechiefexecutive’sdiscretionberetainedfromanyamountPage 188Current as at [Not applicable]
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Strategic planning for waste reduction and recycling[s
130]otherwise payable by the State to the local
government for anyreason.Notauthorised—indicativeonlyDivision 4Requirements
applying afteradoption of waste reduction andrecycling plan130Inspection and availability for purchase of
plan(1)A local government must ensure
that—(a)anup-to-dateversionofeachwastereductionandrecycling plan having effect in its local
government areamay be inspected free of charge during
office hours atthe local government’s public office;
and(b)acopyoftheversionmaybeobtainedfromthelocalgovernmentfornocost,orforareasonablefeeasdecided by the local government;
and(c)the plan is otherwise made publicly
available in a waythe local government considers appropriate
for its localgovernment area.(2)However, for a waste reduction and recycling
plan adopted by2 or more local governments, the local
government must notchargeafeeundersubsection
(1)(b)unlessthesamefeeischarged by all the local governments
that adopted the plan.Part 3State entity
strategic planningfor wasteDivision 1Introduction131Object of pt 3The object of
this part is to provide for the chief executiveofficer of each
State entity to prepare, adopt and implement aCurrent as at
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Strategic planning for waste reduction and recycling[s
132]planformanagingtheentity’swasteinawaythatbestachieves the objects of this Act.Notauthorised—indicativeonly132What is a State
entity and who is its chief executiveofficer(1)Each of the following is aState entity—(a)a department;(b)an
entity that—(i)under thePublic Service
Act 2008, is a governmententity but is
not a government owned corporation;and(ii)is prescribed
under a regulation to be a State entityfor this
Act.(2)Thechief executive
officerof a State entity is the person whois—(a)if the entity is
a department—the chief executive of thedepartment;
or(b)otherwise—the person who is the chief
executive officerof the entity, by whatever name
known.Division 2Obligation of
chief executive officerof State entity for waste
reductionand recycling plan133State
entity’s waste reduction and recycling planobligation(1)On and from the day prescribed under a
regulation, the chiefexecutive officer of a State entity
has an obligation at all timesto ensure
that—(a)allaspectsofwastemanagementfortheentityarecomprehensivelyaddressedbyawastereductionandrecycling plan for the entity; andPage
190Current as at [Not applicable]
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134](b)the waste reduction and recycling plan
has been adoptedby the chief executive officer; and(c)thewastereductionandrecyclingplanisbeingimplemented in
accordance with its terms.(2)Withoutlimitingsubsection
(1),theStateentity’swastereduction and
recycling plan must include the following—(a)wastereductionandrecyclingtargetsforwastegeneratedbytheStateentityincarryingoutitsactivities;(b)actionstobetakentoimprovewastereductionandrecyclingofwastegeneratedbytheStateentityincarrying out its activities;(c)themanagementandmonitoringoftheStateentity’sperformance under the plan;(d)information about achieving continuous
improvement inwaste management;(e)othermattersprescribedunderaregulationabouttherequirementsforaStateentity’swastereductionandrecycling plan.(3)If
the State entity is a department (thefirst
department), thechief executive
of the first department may adopt, for the firstdepartment’swastereductionandrecyclingplan,thewastereductionandrecyclingplanofanotherdepartmentiftheotherdepartment’splansufficientlyprovidesforthefirstdepartment.134Matters to be complied with in the
preparation andadoption of a State entity’s waste reduction
and recyclingplan(1)The
chief executive officer of a State entity, in preparing oradopting a waste reduction and recycling
plan for the entity,must have regard to—(a)currentandpredictedinformationabouttheentity’swaste;
andCurrent as at [Not applicable]Page
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2011Chapter 6 Strategic planning for waste
reduction and recycling[s 135](b)the
waste and resource management hierarchy; and(c)the
waste and resource management principles; and(d)howthegoalsandtargetsoftheState’swastemanagement strategy will be achieved.(2)Subsection (1) does not limit the
matters the chief executiveofficer of the
State entity may or ought to have regard to.(3)A
waste reduction and recycling plan for a State entity mustprovidefortheplantobeineffectforaperiod(theimplementation
periodfor the plan) of at least 3 years.(4)Subsection (3) does not stop a waste
reduction and recyclingplanbeingamendedorreplacedwithintheimplementationperiod for the
plan.135Inspection and availability for
purchase of planThe chief executive officer of a State
entity must ensure that—(a)anup-to-dateversionoftheStateentity’swastereduction and recycling plan is published on
the entity’swebsiteandmaybeinspectedfreeofchargeduringoffice hours at an office of the entity
nominated by thechief executive officer; and(b)a copy of the version may be obtained
from the Stateentity for no cost, or for a reasonable fee
as decided bythe chief executive officer.136Review of planThechiefexecutiveofficerofaStateentitymust,atleastevery3years,reviewtheentity’swastereductionandrecycling plan.137Amendment of planThechiefexecutiveofficerofaStateentitymayadoptanamendment of the entity’s waste reduction
and recycling planPage 192Current as at
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Strategic planning for waste reduction and recycling[s
138]if the chief executive officer considers the
amendment to beappropriate, having regard to—(a)changingwastereductionandrecyclingopportunities;and(b)changing circumstances in which the
plan operates; and(c)othermattersarisingfromareviewoftheplanasrequired under this part; and(d)anythingelsethechiefexecutiveofficerconsidersrelevant.Part 4Planning entity strategicplanning for wasteDivision 1Introduction138Object of pt 4The object of
this part is to provide for each entity that is aplanning entity to implement a plan for
managing the entity’swaste in a way that best achieves the
objects of this Act.Division 2Establishing
status as planningentity139Identification of planning entity and of
what is relevantwaste for a planning entity(1)An entity is aplanning
entityif—(a)the chief
executive has identified the entity as a planningentity; and(b)the
chief executive has given the entity an informationnoticeforthedecisiontoidentifytheentityasaplanning entity; andCurrent as at [Not applicable]Page
193
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2011Chapter 6 Strategic planning for waste
reduction and recycling[s 139](c)anyperiodfortheinternalorexternalreviewofthedecision,
including any period of appeal, has expired.(2)Also, an entity is aplanning
entityif the entity is part of asectorofentities(asectorofplanningentities)prescribedunder a
regulation.(3)Despite subsection (2), the chief
executive is not stopped fromidentifyinganentityasaplanningentityandgivingitaninformation notice under subsection
(1) on the basis that theentity is part of a sector of planning
entities.(4)The chief executive may identify an
entity as a planning entityonly on the
basis of 1 or more of the following, having regardto
the entity’s activities—(a)the total waste
generated by the entity in carrying on itsactivities is
more than the threshold prescribed under aregulation;(b)the
entity is a planning entity under subsection (2);(c)waste generated by the entity in
carrying on its activitiesis or includes waste that is a
priority product prescribedunderaregulationasapriorityproducttowhichthisparagraph applies;(d)waste generated by the entity in carrying on
its activitiesis or includes waste that isregulated waste prescribedunderaregulationasregulatedwastetowhichthisparagraph applies.(5)If
an entity is identified as a planning entity on the basis ofsubsection (4)(a), all waste generated by
the entity isrelevantwastefor
the entity, regardless of whether the entity is also aplanning entity on any other basis under
this section.(6)Ifsubsection
(5)doesnotapplytoaplanningentity,thefollowing waste isrelevant
wastefor the entity—(a)if
the entity is a planning entity on the basis of beingpart
of a sector of planning entities—sector waste for thesector of planning entities;Page
194Current as at [Not applicable]
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140](b)if the entity is identified as a
planning entity on the basisofsubsection (4)(c)—thepriorityproductprescribedunder subsection
(4)(c);(c)if the entity is identified as a
planning entity on the basisofsubsection (4)(d)—theregulatedwasteprescribedunder subsection
(4)(d).(7)Forsubsection
(6),itdoesnotmatterifparticularwastegenerated by an entity is relevant waste for
the entity undermore than 1 paragraph of the
subsection.(8)An entity that, apart from this
subsection, could be identifiedasaplanningentityinrelationtoapriorityproductonthebasis of
subsection (4)(c), can not be identified as a planningentity in relation to the product if the
entity—(a)isaparticipantinanaccreditedproductstewardshipschemeorapprovedprogramapplyingtotheproduct;and(b)is meeting its obligations under the
scheme or programin relation to the priority product.(9)In this section—sector
waste, for a sector of planning entities, means
waste ofthe type ordinarily generated by the sector
of planning entitiesorasidentified,intheregulationprescribingthesectorofplanning entities, as waste ordinarily
generated by the sector.140Notification of
status as planning entity(1)Thissectionappliesif,underthispart,thechiefexecutivegives an entity an information notice for
the chief executive’sdecision to identify the entity as a
planning entity.(2)Withoutlimitingwhattheinformationnoticemayormustinclude, the information notice must
additionally include thefollowing information—(a)that the entity must, under the
planning entity’s wastereductionandrecyclingplanobligation,adoptandCurrent as at [Not applicable]Page
195
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2011Chapter 6 Strategic planning for waste
reduction and recycling[s 141]implement a
waste reduction and recycling plan for theentity’s
relevant waste;(b)whentheplanningentity’swastereductionandrecycling plan obligation will start
to apply to the entity.Division 3Obligation of
planning entity forwaste reduction and recycling plan141Planning entity’s waste reduction and
recycling planobligation(1)Aplanningentityhasanobligationatalltimestoensurethat—(a)allaspectsofwastereductionandrecyclingfortheentity’srelevantwastearecomprehensivelyaddressedby a
waste reduction and recycling plan for the entity;and(b)the waste
reduction and recycling plan has been adoptedby the planning
entity; and(c)thewastereductionandrecyclingplanisbeingimplemented in
accordance with its terms.(2)However, if a
sector of planning entities has prepared a wastereduction and recycling plan for the sector,
a planning entity,to the extent it is a planning entity
because it is part of a sectorof planning
entities, may, in relation to the entity’s relevantwaste that is also sector waste for the
sector, adopt the sector’splan as its own plan if—(a)the sector’s plan complies with the
requirements of thischapter for a waste reduction and
recycling plan for asector of planning entities;
and(b)thesector’splaneffectivelyincludestherequirementsfor a waste
reduction and recycling plan for the entity inrelation to the
entity’s relevant waste that is sector wastefor the
sector.Page 196Current as at
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Reduction and Recycling Act 2011Chapter 6
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142](3)A planning entity must comply with the
obligation stated insubsection (1) unless it has a
reasonable excuse.Maximum penalty—100 penalty units.(4)However, subsection (3) does not start
to apply to a planningentity until the day prescribed under
a regulation.Notauthorised—indicativeonly142Requirements for waste reduction and
recycling plan(1)Thissectionstatesrequirementsforawastereductionandrecyclingplanforaplanningentityorsectorofplanningentities.(2)The plan must have regard to—(a)current and predicted information
about waste; and(b)the waste and resource management
hierarchy; and(c)the waste and resource management
principles; and(d)the State’s waste management strategy;
and(e)anyothermattersprescribedunderaregulationabouttherequirementsforawastereductionandrecyclingplan.(3)The plan must include the following
information—(a)theamountsandtypesofwastethatiscurrentlygenerated;(b)how
the waste is to be dealt with, including how and inwhatamountsthetypesofwastearetobedealtwithundereachofthepreceptsmakingupthewasteandresource management hierarchy;(c)goals to reduce waste
generated;(d)indicatorsorperformancemeasuresonwhichperformance
under the plan will be assessed;(e)actions that will be taken to reduce waste
generation andto improve recycling;(f)anyothermattersprescribedunderaregulationaboutrequirements for a waste reduction and
recycling plan.Current as at [Not applicable]Page
197
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2011Chapter 6 Strategic planning for waste
reduction and recycling[s 143](4)Subsection (2)doesnotlimitthematterstheplanmayorought to have regard to.(5)The plan must provide for it to be in
effect for a period (theimplementation periodfor
the plan) of at least 3 years.(6)Subsection (5)doesnotstoptheplanbeingamendedorreplaced within the implementation
period.(7)The plan must provide for its review
at least every 3 years.143Other matters
that may be included in a waste reductionand recycling
plan(1)Without limiting what is oris
not otherwise required underthis division
for a waste reduction and recycling plan, a wastereduction and recycling plan for a planning
entity or sector ofplanningentitiesmayincludeorotherwiseprovideforthefollowing—(a)a
description of the activities carried out that generatewaste;(b)adescriptionoftherawmaterials,energyandothermaterials used
to carry out the activities mentioned inparagraph
(a);(c)theconductofanauditofwastegeneratedinanyrelevantfacilitytoestablishabaselineforfuturemeasurement;(d)methods for monitoring waste generated at
any relevantfacility;(e)risk
management strategies that document contingencyplans and
emergency procedures in relation to regulatedwastegeneratedorstored,including,forexample,inrelation to the spillage of waste;(f)apurchasingpolicythatincorporatesmeasurestominimisewastegeneratedatanyrelevantfacilitythroughtheuseofproductsubstitution,productchanges,proceduralchangesandthereplacementofdisposable items with re-usable
items;Page 198Current as at
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Strategic planning for waste reduction and recycling[s
144](g)strategies for promoting the plan at
relevant facilities;(h)a mechanism for
staff of the planning entities to providefeedback about
the plan;(i)stafftrainingprogramsabouteffectivewastemanagement;(j)procedures for segregating waste;(k)proceduresforidentifyingandimplementingopportunities to
improve waste management practices;(l)opportunities, and actions to be taken, in
product design,production and packaging to reduce
waste;(m)details of any management systems to
be used to dealwith waste.(2)In
this section—relevant facilitymeans—(a)for a waste reduction and recycling
plan for a sector ofplanningentities—afacilityofanyplanningentityadopting the
plan; or(b)for a waste reduction and recycling
plan being adoptedby a planning entity on a single entity
basis—a facilityof the planning entity.144Additional requirements for a waste
reduction andrecycling plan for a sector of planning
entities(1)Thissectionstatesadditionalrequirementsforawastereduction and
recycling plan for a sector of planning entities.(2)The plan must—(a)identify the planning entities adopting the
plan; and(b)explainhowtheplanningentitiesarecollectivelytoimplement the plan; and(c)describethearrangementsfortheadministration,fundingandimplementationoftheplan,andidentifyCurrent as at
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2011Chapter 6 Strategic planning for waste
reduction and recycling[s 145]whoisresponsibleforadministeringandreportingonthe
plan; and(d)include any other matters prescribed
under a regulation.145Amendment of waste reduction and
recycling plan(1)A planning entity or sector of
planning entities may adopt anamendmentofawastereduction andrecyclingplanfortheentity or sector if the entity or
sector considers the amendmentto be
appropriate, having regard to—(a)changingwastereductionandrecyclingopportunities;and(b)changing circumstances in which the
plan operates; and(c)other matters arising from a review of
the plan; and(d)anything else the entity or sector
considers relevant.(2)Aplanningentitythathasadoptedthewastereductionandrecycling plan of a sector of planning
entities is taken to haveadoptedanamendmentoftheplanunlessthetermsoftheadoption preclude automatic adoption
of the amendment.Page 200Current as at
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Reduction and Recycling Act 2011Chapter 7
Reporting about waste management and waste disposal and
recycling[s 147]Chapter 7Reporting about wastemanagement and
wastedisposal and recyclingNotauthorised—indicativeonlyPart
1Reporting on waste reductionand
recycling plans147Local government reporting(1AA)This section
does not start to apply to a local government until2
months after the end of the first full financial year after
theday prescribed for the local government
under section 123(1).(1)Within 2 months
after the end of each financial year, a localgovernment must
give the chief executive a report about theoperation, in
the financial year, of all the local government’swastereductionandrecyclingplansinforceinitslocalgovernment
area.(2)The report must be in the approved
form and must otherwisecomply with the requirements of this
section.(3)However, the local government is not
required to include inthe report any information that has
already been supplied tothe chief executive in a waste data
return in relation to a wastedisposal site
operated by or for the local government.(4)Withoutlimitingwhattheapprovedformmayrequire,theapproved form may require the
following—(a)details of any recycling programs
conducted or managedbyorforthelocalgovernmentduringtheyear,including—(i)theamountsandtypesofwastecollectedandrecycled, or collected and delivered
to some otherentity for recycling, under the programs;
and(ii)the names and
addresses of the facilities used in theprograms;Current as at [Not applicable]Page
201
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2011Chapter 7 Reporting about waste management and
waste disposal and recycling[s 147](b)detailsoflocalgovernmentwasteservicestohouseholds;(c)amounts and types of waste delivered
directly to wastefacilities from individual
households;(d)the total amount of energy generated
in the year fromlandfill gas;(e)detailsoflandfillsoperatedbyorforthelocalgovernment
during the year, including—(i)the
amounts and types of waste disposed of duringthe year to the
landfills; and(ii)the name,
address, capacity and life expectancy ofeach landfill
that started operation during the year;and(iii)the name,
address and capacity of each landfill thatceased operation
during the year;(f)the amounts and types of waste
collected by or for thelocalgovernmentanddisposedoftolandfillatwastefacilitiesotherthanthoseoperatedbyorforthelocalgovernment, and
the addresses of the waste facilities.(5)The
matters mentioned in subsection (4) must be addressed inrelationtowastegeneratedwithinoroutsidethelocalgovernment’s
area.(6)The report must also give details of
the following—(a)the types of waste generated by the
local government incarrying out its activities;(b)actions taken to reduce the amount of
waste generatedby the local government in carrying out its
activities;(c)actions taken to increase the use of
recycled material bythe local government;(d)actionstakenbythelocalgovernmenttoimprovethere-use and recycling of—(i)waste generated by the local government;
andPage 202Current as at
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Reporting about waste management and waste disposal and
recycling[s 148](ii)thetypesofwastegeneratedinthelocalgovernment area;(e)the
amount and types of waste that were the subject ofoffencesagainstthegenerallitteringprovisionortheillegal dumping of waste provision and
were collectedby the local government;(f)progress made by the local government,
having regardto—(i)performanceindicators,howeverreferredto,included in the local government’s waste
reductionand recycling plans; and(ii)any
other performance indicators prescribed undera regulation for
gauging performance under localgovernment waste
reduction and recycling plans;(g)howthelocalgovernmenthascontributedtowardsachieving the goals and targets under the
State’s wastemanagement strategy.148State
entity reporting(1AA)Thissectiondoesnotstarttoapplytothechiefexecutiveofficer of a State entity until 2 months
after the end of the firstfull financial year after the day
prescribed for the State entityunder section
133(1).(1)Within 2 months after the end of each
financial year, the chiefexecutive officer of a State entity
must give the chief executiveunderthisActareport,intheapprovedform,abouttheoperation,inthefinancialyear,oftheStateentity’swastereduction and recycling plan.(2)The report must include details of the
following—(a)the types and amounts of waste
generated, recycled ordisposed of by the entity in carrying
out its activities;(b)any actions taken by the entity to
reduce the amount ofwaste generated by the entity;Current as at [Not applicable]Page
203
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2011Chapter 7 Reporting about waste management and
waste disposal and recycling[s 149](c)actionstakenbytheentitytorecoverandre-useorrecycle waste;(d)actionstakenbytheentitytoincreasetheuseofrecycled
materials;(e)progress made by the entity, having
regard to—(i)performanceindicators,howeverreferredto,includedintheentity’swastereductionandrecycling plan; and(ii)any
other performance indicators prescribed undera regulation for
gauging performance under Stateentity waste
reduction and recycling plans;(f)howtheentityhascontributedtowardsachievingthegoals and targets under the State’s waste
managementstrategy;(g)the
amount and types of waste that were the subject oflitteringorillegaldumpingandwerecollectedbytheentity;(h)anyothermattersprescribedunderaregulationaboutrequirementsforreportingonStateentitywastereduction and
recycling plans.149Planning entity reporting(1)A planning entity must give the chief
executive a report, in theapprovedformandotherwiseincompliancewiththerequirements of this section, about
the operation, in the periodcovered by the
report, of any waste reduction and recyclingplan adopted by
the entity.Maximum penalty—100 penalty units.(2)A report under subsection (1) must be
given—(a)for the first report under this
section—within 2 monthsafter the end of the first full
financial year after the dayprescribed for
the planning entity under section 141(4);andPage
204Current as at [Not applicable]
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Reporting about waste management and waste disposal and
recycling[s 149](b)forsubsequentreports,andunlessanotherintervalisprovidedforunderaregulation—atintervalsofnotmore than 3
years after the giving of the first report.(3)The
period covered by a report must be—(a)forthefirstreport—thefirstfullfinancialyearmentioned in
subsection (2)(a); and(b)foranysubsequentreport—theperiodsincethelastperiod covered
by a report under this section.(4)Areportundersubsection (1)mustincludedetailsofthefollowing—(a)the
types and amounts of waste generated, recycled ordisposed of by the entity;(b)any actions taken by the entity to
reduce the amount ofwaste generated by the entity;(c)actionstakenbytheentitytorecoverandre-useorrecycle waste;(d)actionstakenbytheentitytoincreasetheuseofrecycled
materials;(e)progressmadebytheentity,havingregardtoperformance indicators, however
referred to, included inany waste reduction and recycling plan
adopted by theentity;(f)anyothermattersprescribedunderaregulationaboutrequirementsforreportingonplanningentitywastereduction and
recycling plans.Current as at [Not applicable]Page
205
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Reporting about waste management and waste disposal and
recycling[s 150]Part 2Reporting on waste recoveryand
disposalNotauthorised—indicativeonlyDivision 1Establishing
status as reportingentity150Identification of reporting entity(1)An entity is areportingentityif—(a)thechiefexecutivehasidentifiedtheentityasareporting entity; and(b)the chief executive has given the
entity an informationnoticeforthedecisiontoidentifytheentityasareporting entity; and(c)anyperiodfortheinternalorexternalreviewofthedecision,
including any period of appeal, has expired.(2)Also, an entity is areportingentityif the
entity—(a)receives,sorts,recycles,treatsordisposesofwasteabove a
threshold prescribed under a regulation; and(b)ispartofasectorofentities(asectorofreportingentities)
prescribed under a regulation.(3)Despite subsection (2), the chief executive
is not stopped fromidentifyinganentityasareportingentityandgivingitaninformation notice under subsection
(1) on the basis that theentity is part of a sector of
reporting entities.(4)Thechiefexecutivemayidentifyanentityasareportingentity only on
the basis of 1 or more of the following, havingregard to the
entity’s activities—(a)the entity
receives, sorts, recycles, treats or disposes ofwaste above a threshold prescribed under a
regulation;(b)the entity is a reporting entity under
subsection (2).(5)Aregulationforthissectionmayprescribedifferentthresholds for—Page 206Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 7
Reporting about waste management and waste disposal and
recycling[s 151](a)different entities; or(b)different types of waste; or(c)entities in different locations in the
State.151Notification of status as reporting
entity(1)Thissectionappliesif,underthispart,thechiefexecutivegives an entity an information notice for
the chief executive’sdecision to identify the entity as a
reporting entity.(2)Without limiting what the information
notice may include, theinformation notice must include the
following information—(a)thattheentitymust,underthereportingentityobligation,within2monthsaftertheendofeachfinancial year,
give the chief executive a report about theentity’sreceiving,sorting,recycling,treatmentordisposal of waste;(b)when
the reporting entity obligation will start to apply tothe
entity.Division 2Reporting
requirements152Reporting entity obligation(1)Areportingentityhasanobligationtogivethechiefexecutive,within2monthsaftertheendofeachfinancialyear, a report in the approved form and in
compliance with therequirements under this division, about the
entity’s receiving,sorting,recycling,treatmentordisposalofwasteinthefinancial year.(2)A
reporting entity that has an obligation under subsection (1)mustcomplywiththeobligationunlessithasareasonableexcuse.Maximum penalty—100 penalty units.Current as at [Not applicable]Page
207
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2011Chapter 7 Reporting about waste management and
waste disposal and recycling[s 153]153Requirements for report(1)A report given by a reporting entity
under this division mustinclude details of the
following—(a)thetypesandamountsofwastereceived,sorted,recycled,
treated or disposed of by the entity;(b)thetypesandamountsofwastereceivedfromlocalgovernment sources, and the types and
amounts of wastereceived from other sources;(c)the types and amounts of each of the
following—(i)waste recycled by the entity;(ii)waste sent to
other recyclers in Queensland;(iii)waste sent to other recyclers in Australia
other thanin Queensland;(iv)waste sent to other recyclers outside
Australia;(d)anyothermattersprescribedunderaregulationaboutrequirementsforreportingonwasterecoveryanddisposal.(2)However, the report is not required to
include any informationthat has already been supplied to the
chief executive in a wastedata return in relation to a waste
disposal site.Part 3Reporting on
waste disposaland recycling154Annual report on waste disposal and
recycling(1)Thechiefexecutivemust,by31Decemberineachyear,prepare and make publicly available a report
that summarisestheamountsofwasteandrecyclingreportedinthemostrecently completed financial year.(2)In preparing the report, the chief
executive must have regardto information given to the chief
executive under parts 1 and 2and chapter 3,
part 5.Page 208Current as at
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Reporting about waste management and waste disposal and
recycling[s 154](3)Thereportmustincludethefollowinginformationand,ifappropriate, an evaluation of the
information—(a)the total amount of the waste levy
paid to the State;(b)the amount and types of waste on which
the waste levywas paid to the State;(c)the
amounts and types of waste on which the waste levywould have been paid if it were not exempt
waste;(d)the number of levyable waste disposal
sites in the wastelevyzoneandnon-levyzonethatreceivedwasteonwhich the waste levy was paid to the
State;(e)theamountsofannualpaymentsmadetolocalgovernments
under section 73D;(f)theamountsandtypesofwastereportedasbeingrecycled by
local governments;(g)theamountsandtypesofwastereportedasbeingrecycled by
reporting entities;(h)theamountsandtypesofwastereportedasbeingdisposed of by
local governments;(i)theamountsandtypesofwastereportedasbeingdisposed of by
reporting entities;(j)theamountsandtypesofwastereportedasbeingthesubject of littering or illegal
dumping;(k)thenumberofproductstewardshipschemesineffectunder this
Act;(l)thenumberoflocalgovernmentsthathaveadoptedawastereductionandrecyclingplanandhavereportedon
the plan;(m)the number of State entities that have
adopted a wastereduction and recycling plan and have
reported on theplan;(n)the
number of planning entities that have adopted wastereductionandrecyclingplans,otherthanbyadoptingCurrent as at
[Not applicable]Page 209
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 155]thewastereductionandrecyclingplanofasectorofreporting entities;(o)the number of waste reduction and
recycling plans thatare in place for sectors of reporting
entities.Notauthorised—indicativeonlyChapter 8Provisions for
end of wastePart 1Preliminary155Purpose of chapter(1)The
purpose of this chapter is to provide for the process bywhich the chief executive decides when and
how waste stopsbeing waste and becomes a resource.(2)Waste stops being a waste and becomes
aresourcewhen, inaccordancewithanendofwastecodeorendofwasteapproval, it
stops being waste and becomes a resource.(3)A
person is aresource userwhile the person
uses a resourcein a way, or for a purpose, that complies
with an end of wastecode or end of waste approval.(4)If a person stops using a resource in
a way, or for a purpose,thatcomplieswithanendofwastecodeorendofwasteapproval—(a)the
person stops being a resource user; and(b)the
resource stops being a resource and becomes waste.156Definitions for ch 8In
this chapter—amend, an end of
waste approval, includes—Page 210Current as at
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 157](a)amendingorremovingaconditionimposedontheapproval;
and(b)imposing a new condition on the
approval; and(c)amending the period of the
approval.end of waste approvalsee section
159(2).end of waste codesee section
159(1).materialenvironmentalharmseetheEnvironmentalProtection Act,
section 16.registeredresourceproducermeansapersonwhoisregistered for an end of waste code
under section 173B.resourcesee section
155.resource usersee section
155(3).seriousenvironmentalharmseetheEnvironmentalProtection Act,
section 17.technical advisory panelsee section
173G.157Effect of operating under end of waste
code ifunregistered(1)This
section applies if—(a)aperson,underanendofwastecode,producesaresource and uses, sells or gives away
the resource; and(b)the person is not a registered
resource producer for thecode.(2)The
resource is taken to be waste until the person becomes aregistered resource producer for the
code.158Compliance with end of waste
code(1)A registered resource producer for an
end of waste code for aresource must not do any of the
following unless the producercomplies with
the requirements of the code—(a)produce the resource;Current as at
[Not applicable]Page 211
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2011Chapter 8 Provisions for end of waste[s
159](b)use, sell or give away the
resource.Maximum penalty—1,665 penalty units.(2)A person, other than a registered
resource producer, must notuse a resource
in a way, or for a purpose, that does not complywith
an end of waste code for the resource.Maximum
penalty—1,665 penalty units.159Chief
executive may make end of waste codes and grantend of waste
approvals(1)The chief executive may make a code
(anend of waste code)that
states—(a)forregisteredresourceproducers—whenaparticularwaste stops
being a waste and becomes a resource; or(b)for
resource users—conditions about using a resource,including, for example, conditions about
how, and thepurposes for which, a resource may be
used.(2)The chief executive may grant an
approval (anend of wasteapproval) to
a person that states—(a)whenaparticularwastestopsbeingawasteandbecomes a resource; or(b)conditionsaboutusingaresource,including,forexample,conditionsabouthow,andthepurposesforwhich, a resource may be used.Page
212Current as at [Not applicable]
Part
2Waste Reduction and Recycling Act 2011Chapter 8 Provisions for end of waste[s
159A]End of waste codesNotauthorised—indicativeonlyDivision 1Process for
making end of wastecodes159AChief
executive’s decision to make end of waste codeThe chief
executive may decide to make a draft end of wastecode
for a particular waste—(a)on the chief
executive’s own initiative; or(b)after inviting submissions under section
160.159BSchedule of proposed end of waste
codes(1)The chief executive must keep an
up-to-date schedule of draftend of waste
codes the chief executive has decided to prepare.(2)Withoutlimitingsubsection(1),thechiefexecutivemustupdatethescheduleafterconsideringsubmissionsundersection 161 and deciding whether or not to
make a draft end ofwaste code for a particular waste.(3)The schedule must state—(a)the following for each proposed draft
end of waste codeincluded in the schedule—(i)the particular waste to be the subject
of the draftcode;(ii)theproposeduseofaresourceunderthedraftcode;(iii)whentheprocessformakingthedraftcodewillstart and
end;(iv)whetheratechnicaladvisorypanelwillbeestablishedtopreparethedraftcodeand,ifso,when the panel will be required to
give the draftcode to the chief executive;Current as at [Not applicable]Page
213
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2011Chapter 8 Provisions for end of waste[s
160](v)that a person may register the
person’s interest inbeingconsultedwhenthedraftcodeisbeingprepared;
and(b)other information prescribed by
regulation.(4)The chief executive must publish the
schedule—(a)on the department’s website;
and(b)inanyotherwaythechiefexecutiveconsidersappropriate.160Public notice inviting submissions about
potential end ofwaste codes(1)The
chief executive must, by notice given at least once everyyear,invitethepublictomakeasubmissionaboutwhetherthere is any
particular waste for which an end of waste codeshould be
prepared.(2)The notice must—(a)state—(i)that
a person may make a submission to the chiefexecutive about
any particular waste for which anend of waste
code should be prepared; and(ii)theperiod,ofatleast28days,(thesubmissionperiod)duringwhichthesubmissionsmaybemade; and(iii)how
to make a submission; and(b)be published on
the department’s website.(3)A submission
made under this section must be in the approvedform.161Consideration of submissionsThechiefexecutivemustconsiderallsubmissionsmadeduring the submission period before deciding
whether or notto make a draft end of waste code for a
particular waste.Page 214Current as at
[Not applicable]
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 162]162Preparation of end of waste
code(1)Subsection (2) applies if the chief
executive decides to preparea draft end of
waste code (thedraft code).(2)The chief executive may establish a
technical advisory panelunder section 173G to prepare the
draft code.(3)If the chief executive establishes a
technical advisory panel toprepare the
draft code—(a)thechiefexecutivemayrequirethepaneltoincludeparticular
requirements in the draft code; and(b)the
panel must prepare and give the chief executive thedraft code by the day stated in the
schedule.(4)However,thetechnicaladvisorypanelmay,afterhavingregard to the matters mentioned in section
163(1) but within 2monthsofbeingestablished,recommendtothechiefexecutive that the draft code should not be
prepared.(5)Thetechnicaladvisorypanel’srecommendationundersubsection (4) must be given to the chief
executive in writingand include the panel’s reasons for
the recommendation.(6)If the chief executive does not
establish a technical advisorypaneltopreparethedraftcode,thechiefexecutivemustprepare the
draft code by the day stated in the schedule.(7)In
this section—schedulemeans the
schedule published under section 159B.163Matters to be considered in preparing end of
waste code(1)In preparing a draft end of waste
code, the chief executive or atechnicaladvisorypanelmusthaveregardtothefollowingmatters—(a)the objects of this Act;(b)theproposeduseofaparticularresourceundertheproposed end of waste code;Current as at [Not applicable]Page
215
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2011Chapter 8 Provisions for end of waste[s
164](c)whether the proposed use of a
particular resource may,or is likely to, cause any serious
environmental harm ormaterial environmental harm;(d)the waste and resource management
hierarchy;(e)any other matter prescribed by
regulation.(2)This section does not limit the
matters the chief executive or atechnical
advisory panel may consider in preparing a draft endof
waste code.164End of waste code prepared by
technical advisory panel(1)This section
applies if a technical advisory panel prepares adraft end of waste code (thedraft code).(2)Subsection(3)appliesifthechiefexecutiveissatisfiedatechnical advisory panel has not—(a)had regard to a matter mentioned in
section 163; or(b)included a requirement in the draft
code that the chiefexecutive required the panel to include in
the draft code.(3)The chief executive may—(a)askthetechnicaladvisorypaneltoamendthedraftcode; or(b)refuse to accept the draft
code.(4)Thechiefexecutivemayamendthedraftcodebeforepublishing it
under section 166.Division 2Making end of
waste codes165Publication of draft end of waste
code(1)Before the chief executive decides to
make an end of wastecode, the chief executive must publish
the following on thedepartment’s website—(a)a copy of the draft end of waste code;
andPage 216Current as at
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 166](b)a notice stating—(i)that
a person may make a submission to the chiefexecutive about
the draft end of waste code; and(ii)theperiod,ofatleast28days(theconsultationperiod),duringwhichthesubmissionmaybemade; and(iii)how
to make a submission; and(iv)another matter
prescribed by regulation.(2)The chief
executive must ensure the draft end of waste codeandnoticecontinuetobeavailablefromthedepartment’swebsite
throughout the consultation period.(3)The
chief executive must consider all submissions made undersubsection (1) before deciding whether or
not to make the endof waste code.166Notice of making end of waste code(1)If the chief executive decides to make
an end of waste code,the chief executive must notify the
making of an end of wastecode by gazette notice.(2)The gazette notice must state—(a)the name of the end of waste code;
and(b)the date the end of waste code was
made; and(c)where a copy of the end of waste code
may be inspected.(3)Theendofwastecodetakeseffectonthelaterofthefollowing—(a)the
day the gazette notice is published;(b)the
day stated in the gazette notice for that purpose;(c)the day stated in the end of waste
code for that purpose.Current as at [Not applicable]Page
217
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2011Chapter 8 Provisions for end of waste[s
167]Division 3Amendment,
cancellation orsuspension of end of waste codes167Amendment of end of waste codeThechiefexecutivemay,onthechiefexecutive’sowninitiative, amend an end of waste
code.168Application for amendment of end of
waste codeA person may apply to the chief executive to
amend an end ofwaste code.Note—Seechapter8A,part2forgeneralprovisionsthatapplytotheapplication.171Cancellation or suspension of end of waste
codeThe chief executive may cancel or suspend an
end of wastecode if the chief executive is
satisfied—(a)there is no longer a use for a
particular resource underthe code; or(b)theendofwastecodewasmadeonthebasisofamiscalculation of—(i)the
characteristics of the resource; and(ii)thepotentialoftheresourcetocauseseriousenvironmentalharm,ormaterialenvironmentalharm, because of
those characteristics; or(c)theuseofparticularwasteoraparticularresourceisunlawful; or(d)it
is necessary or desirable to do so having regard to theobjects of the Act.Page 218Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 172]172Procedure for amending, cancelling or
suspending endof waste code(1)This
section applies if the chief executive proposes—(a)to amend an end of waste code;
or(b)to cancel or suspend an end of waste
code.(2)The chief executive must—(a)givenoticeoftheproposedactiontoeachregisteredresource
producer for the end of waste code; and(b)publish a notice of the proposed
action—(i)on the department’s website;
and(ii)inanyotherwaythechiefexecutiveconsidersappropriate.(3)A
notice under subsection (2) must state the following—(a)the action the chief executive
proposes to take;(b)iftheproposedactionisanamendmentofanendofwaste code—the proposed
amendment;(c)iftheproposedactionissuspension—theproposedperiod of the suspension;(d)the reasons for the proposed
action;(e)the facts and circumstances that form
the basis for thereasons;(f)foranoticegiventoa
registeredresourceproducer—thattheregisteredresourceproducermay,withinastatedperiod,makeawrittensubmissiontothechiefexecutive about
the proposed action;(g)for a notice
published under subsection (2)(b)—that anypersonmay,withinastatedperiod,makeawrittensubmissiontothechiefexecutiveabouttheproposedaction.(4)The stated period must not end before
28 days after whicheverof the following happens last—Current as at [Not applicable]Page
219
Waste
Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 172]Notauthorised—indicativeonly(a)thedaythenoticeisgiventotheregisteredresourceproducer under subsection (2)(a);(b)the day the notice is published under
subsection (2)(b).(5)Thechiefexecutivemaydecidewhetherornottotaketheproposed action after considering—(a)allsubmissionsmadeundersubsection(3)withinthestated period; and(b)iftheproposedactionisanamendmentofanendofwaste code—(i)theeffectoftheamendmentontheuseofaparticular resource; and(ii)whether the
effect of the amendment on the use ofa particular
resource is likely to cause any seriousenvironmentalharmormaterialenvironmentalharm; and(iii)the waste and
resource management hierarchy; and(iv)any
advice, information or comment provided byany technical
advisory panel; and(c)another matter prescribed by
regulation.(6)Within10businessdaysaftermakingadecision,thechiefexecutive must
give each registered resource producer for theend of waste
code—(a)ifthedecisionistotaketheproposedaction—aninformation notice for the decision;
or(b)ifthedecisionisnottotaketheproposedaction—anotice stating the decision.(7)Adecisiontotaketheproposedactiontakeseffectforaregisteredresourceproduceronthelaterofthefollowingdays—(a)the day the information notice is
given to the registeredresource producer;(b)alaterdaystatedintheinformationnoticeforthatpurpose.Page
220Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 173]173Publication and notification of
amended end of wastecode(1)This
section applies if the chief executive amends an end ofwaste code under section 172.(2)The chief executive must—(a)publish a copy of the amended end of
waste code—(i)on the department’s website;
and(ii)inanyotherwaythechiefexecutiveconsidersappropriate;
and(b)notifytheamendmentoftheendofwastecodebygazette notice.(3)The
gazette notice must state—(a)the name of the
end of waste code; and(b)the date the end
of waste code was amended; and(c)where a copy of the amended end of waste
code may beinspected.(4)The
amended end of waste code takes effect on the later of thefollowing—(a)the
day the gazette notice is published;(b)the
day stated in the gazette notice;(c)the
day stated in the amended end of waste code.173AMinor
amendment of end of waste code(1)The
chief executive may make a minor amendment of an endof
waste code by publishing a notice of the amendment—(a)on the department’s website;
and(b)inanyotherwaythechiefexecutiveconsidersappropriate.(2)The
chief executive may make the minor amendment to theend
of waste code—Current as at [Not applicable]Page
221
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2011Chapter 8 Provisions for end of waste[s
173B](a)on the chief executive’s own
initiative; or(b)on an application made under section
168 for a minoramendment of an end of waste code.(3)This section applies despite section
172.(4)In this section—minoramendment,ofanendofwastecode,meansanamendment of the code—(a)to
correct a minor or formal error in the code; or(b)to
make another change that is not a change of substanceand
does not adversely affect the interests of a registeredresource producer or a person who is likely
to receive aresource from the registered resource
producer.Division 4Registration of
end of wasteresource producers173BRegistration of end of waste resource
producers(1)A person becomes a registered resource
producer for an endof waste code by giving the chief executive
a notice that theperson intends to become a registered
resource producer forthe code.(2)The
notice must—(a)be in the approved form; and(b)include the information prescribed by
regulation; and(c)be accompanied by the fee prescribed
by regulation.(3)A person stops being a registered
resource producer for an endofwastecodebygivingthechiefexecutiveanoticeintheapproved form.Page 222Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 173C]173CCancellation or suspension of
registration(1)Thechiefexecutivemaycancelorsuspendaregisteredresourceproducer’sregistrationifthechiefexecutivereasonablybelievestheregisteredresourceproducerhasfailed to comply with a requirement of an
end of waste code.(2)The chief executive may act under
subsection (1) regardless ofwhether the
chief executive has given the registered resourceproducer a show cause notice under chapter
11.173DProcedure for cancelling or suspending
registration(1)Beforecancellingorsuspendingaregisteredresourceproducer’sregistrationundersection173C,thechiefexecutivemustgivethepersonanoticestatingthefollowing—(a)the
action the chief executive proposes to take;(b)if
the proposed action is suspension—the period of thesuspension;(c)the
reasons for the proposed action;(d)the
facts and circumstances that form the basis for thereasons;(e)thatthepersonmay,withinastatedperiod,makeawritten submission to the chief executive
about why theproposed action should not be taken.(2)For subsection (1)(e), the stated
period must not end less than28daysaftertheregisteredresourceproducerisgiventhenotice.(3)Thechiefexecutivemustconsideranysubmissionsmadeunder subsection (1).(4)Within 5 business days after deciding
whether or not to taketheproposedaction,thechiefexecutivemustgivetheregistered resource producer—(a)ifthedecisionistotaketheproposedaction—aninformation notice for the decision;
orCurrent as at [Not applicable]Page
223
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2011Chapter 8 Provisions for end of waste[s
173E](b)ifthedecisionisnottotaketheproposedaction—anotice stating the decision.(5)A decision to take the proposed action
takes effect the day theinformationnoticeisgiventotheregisteredresourceproducer.173EParticular circumstances when end of waste
approvallapses(1)This
section applies if the holder of an end of waste approvalrelatingtoaparticularwastebecomesaregisteredresourceproducer for an end of waste code for the
same waste.(2)The person’s end of waste approval
lapses.173FRegister of registered resource
producers(1)Thechiefexecutivemustmaintainaregisterofregisteredresource
producers for each end of waste code.(2)The
register may be kept in electronic form.(3)The
chief executive may publish information from the registerin a
way the chief executive considers appropriate.(4)However,thechiefexecutivemustnotpublishconfidentialinformation
included in the register.(5)In this
section—confidential information—(a)means information that—(i)could identify an individual;
or(ii)isaboutaperson’scurrentfinancialpositionorfinancial background; or(iii)wouldbelikelytodamagethecommercialactivitiesofapersontowhomtheinformationrelates;
but(b)does not include—Page 224Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 173G](i)information that is publicly
available; or(ii)statisticalorotherinformationthatcouldnotreasonably be expected to identify an
individual towhom it relates.Division 5Miscellaneous173GTechnical advisory panels(1)Thechiefexecutivemayestablishapanel(atechnicaladvisory
panel)—(a)to—(i)consider matters relating to the
development of adraft end of waste code; and(ii)if necessary,
prepare a draft end of waste code; or(b)to
consider and provide advice, information or commentabout—(i)adraftendofwastecodepreparedbythechiefexecutive;
or(ii)an amendment of
an end of waste code.(2)A regulation may
prescribe matters for a technical advisorypanel,
including, but not limited to, the following matters—(a)the terms of reference for the
panel;(b)the appointment of members of the
panel;(c)the composition of the panel
membership;(d)the resignation of members of the
panel;(e)the disclosure of interests of members
of the panel;(f)the termination of appointment of
members of the panel.Current as at [Not applicable]Page
225
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2011Chapter 8 Provisions for end of waste[s
173H]173HChief executive may seek advice,
comment orinformation about pt 2(1)The
chief executive may ask any entity for advice, commentor
information about the operation of this part, including, forexample, the operation of an end of waste
code.(2)Thereisnoparticularwayadvice,commentorinformationmustbeaskedforandreceivedandtherequestmaybebypublic
notice.Part 3End of waste
approvals173IApplication(1)A
person may apply to the chief executive for an end of wasteapproval to conduct a trial for 1 kind of
waste to demonstratewhether or not the waste is suitable
to be used as a resource.Note—See chapter 8A
for general provisions that apply to the application andto
an end of waste approval.(2)Theapplicationmustbeaccompaniedbyawrittenreportabouttheapplication,intheapprovedform,preparedbyasuitably qualified person.(3)A regulation may prescribe matters
about preparing a writtenreport.(4)In
this section—suitablyqualifiedperson,inrelationtoawrittenreport,means a person who—(a)hasthequalificationsandexperienceappropriateforpreparing the report; and(b)meets any other criteria prescribed by
regulation.Page 226Current as at
[Not applicable]
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 173J]173JParticular matters for making
decision(1)In deciding whether to grant the end
of waste approval, thechief executive must consider
whether—(a)the proposed management of the
particular waste or theuse of a particular resource is likely
to cause any seriousenvironmentalharm,materialenvironmentalharmorenvironmental nuisance; and(b)it is reasonably practicable for an
end of waste code tobemadefortheparticularwastethesubjectoftheapplication.Note—See
section 173V for the general criteria that apply for deciding
theapplication.(2)Theperiodfordecidingthe
applicationis40businessdaysand the period
may be extended for 20 business days.(3)Ifthechiefexecutivedecidestogranttheendofwasteapproval, the notice given to the applicant
under section 173Wmust state the particular waste to which the
approval relates.173KConditions of end of waste
approval(1)Aconditionimposedonanendofwasteapprovalundersection 173X may
impose an obligation on—(a)the holder of
the approval; or(b)a resource user of a resource under
the approval.(2)The holder of, or a resource user or
other person acting under,an end of waste approval must comply
with the conditions ofthe approval.Maximum
penalty—1,665 penalty units.Note for
subsection (2)—If a corporation commits an offence against
this provision, an executiveofficer of the
corporation may be taken, under section 268, to have alsocommitted the offence.Current as at
[Not applicable]Page 227
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2011Chapter 8 Provisions for end of waste[s
173L]173LExtending end of waste approval(1)The holder of an end of waste approval
may apply to the chiefexecutive, on 1 occasion, to extend
the approval.Note—Seechapter8A,part2forgeneralprovisionsthatapplytotheapplication.(2)The
application must be made at least 2 months before the endof
waste approval expires.(3)Indecidingtheapplication,thechiefexecutivemustconsider—(a)the matters mentioned in section
173J(1); and(b)whether the waste and resource to
which the approvalrelates would be more appropriately managed
as a wastemanagement ERA.Note—See
section 173V for the general criteria that apply for deciding
theapplication.173MApplying to amend end of waste
approval(1)The holder of an end of waste approval
may apply to the chiefexecutive to amend the approval
(anamendment application).Note—Seechapter8A,part2forgeneralprovisionsthatapplytotheapplication.(2)Theapplicationmustbeaccompaniedbyawrittenreportabouttheapplication,intheapprovedform,preparedbyasuitably qualified person.(3)A regulation may prescribe matters
about preparing a writtenreport.(4)The
period for deciding the application is—(a)iftheapplicationisforaminoramendmentoftheapproval—10 business days; or(b)otherwise—40 business days.Page
228Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 8
Provisions for end of waste[s 173N](5)In this section—environmentalharmseethe EnvironmentalProtectionAct,section 14.minor
amendment, of an approval, means an amendment
ofthe approval—(a)to
correct a minor or formal error in the approval; or(b)to make a change that is not a change
of substance anddoes not—(i)relatetothecharacteristicsoftheresource,including, for
example, the physical, chemical orbiological
properties of the resource; or(ii)relate to the use of the resource; or(iii)significantlyincreaseanyenvironmentalharmcaused by the use of the resource; or(iv)adversely affect
the interests of the holder of theapproval or
another person; or(c)of a type prescribed by
regulation.suitablyqualifiedperson,inrelationtoawrittenreport,means a person who—(a)hasthequalificationsandexperienceappropriateforpreparing the report; and(b)meets any other criteria prescribed by
regulation.173NDeciding amendment application(1)This section applies if the chief
executive is deciding whetheror not to amend
an end of waste approval—(a)on an
application made under section 173M; or(b)aftergivingtheholderoftheapprovalashowcausenoticeaboutaproposedamendmenttotheapprovalunder section 173ZB.(2)Indecidingtheapplication,thechiefexecutivemustconsider—Current as at [Not applicable]Page
229
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2011Chapter 8 Provisions for end of waste[s
173O](a)the effect of the amendment on the
management of theparticular waste or the use of a particular
resource; and(b)whethertheeffectoftheamendmentonthemanagementofaparticularwasteortheuseofaparticular
resource may, or is likely to, cause any seriousenvironmentalharm,materialenvironmentalharmorenvironmental nuisance; and(c)any relevant advice, information or
comment providedby a technical advisory panel.173OApplying to transfer end of waste
approval(1)The holder of an end of waste approval
may apply to the chiefexecutive to transfer the approval to
another person.Note—Seechapter8A,part2forgeneralprovisionsthatapplytotheapplication.(2)The
application must be accompanied by the signed consentof
the proposed transferee.(3)The period for
deciding the application is 10 business days.(4)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must, in addition to the
notice under section173W,giveanoticeaboutthedecisiontotheproposedtransferee
within 5 business days after making the decision.173PGrounds for suspending or cancelling
end of wasteapproval(1)Each
of the following is a ground for suspending or cancellingan
end of waste approval—(a)there is no
longer a use, or likely to be a future use, for aparticular resource under the
approval;(b)themanagementofaparticularwasteortheuseofaparticular
resource under the approval has caused, or islikelytocause,seriousenvironmentalharm,materialenvironmentalharmorenvironmentalnuisancethatisPage
230Current as at [Not applicable]
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Reduction and Recycling Act 2011Chapter 8A
General provisions for approvals[s 173Q]unlawfulundertheEnvironmentalProtectionAct,section 493A;(c)the
use of the particular waste or a resource the subjectof
the approval is otherwise unlawful.(2)Also, it is a ground for cancelling an end
of waste approvalthat—(a)an
end of waste code for a particular resource to whichthe
end of waste approval relates is in effect; and(b)the
chief executive reasonably believes the holder of theendofwasteapprovalmayoperateundertheendofwaste code.173QChief
executive may seek advice, comment orinformationThe chief
executive may ask any entity for advice, commentor
information about the operation of this part at any time.Chapter 8AGeneral
provisions forapprovalsPart 1Preliminary173RApplication of chapter(1)Thischapterappliestothefollowingapprovals(eachanapproval) under this
Act—(a)a container approval under chapter 4,
part 3B, division5;(b)an extraordinary
circumstances exemption;(c)an end of waste
approval under chapter 8, part 3.Current as at
[Not applicable]Page 231
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2011Chapter 8A General provisions for
approvals[s 173S](2)Inparticular,part2appliestomakinganddecidingapplications for
an approval to be granted, amended, extendedor
transferred.(3)This chapter does not limit or
otherwise affect a requirementunder another
provision of this Act about a particular approvalor
making or deciding a particular application.Part 2Applications173SApplicationAn application
must be—(a)in the approved form; and(b)accompaniedbyanyotherinformationordocumentsprescribed by
regulation for the application; and(c)accompanied by the fee prescribed by
regulation.173TChief executive may require additional
information ordocuments(1)The
chief executive may, by notice, require the applicant togive
the chief executive further information or documents thechief executive reasonably requires to
decide the application.(2)The notice
must—(a)be given to the applicant within 20
business days afterthe chief executive receives the
application; and(b)stateareasonableperiodwithinwhichtheapplicantmust comply with
the notice.(3)The chief executive and the applicant
may, before the statedperiod ends, agree to extend the
period.(4)The application is taken to have
lapsed if the applicant doesnot comply with
the notice.Page 232Current as at
[Not applicable]
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Reduction and Recycling Act 2011Chapter 8A
General provisions for approvals[s 173U]173UDeciding application(1)The chief executive must decide to
grant or refuse to grant theapplication
within the required decision-making period for theapplication.(2)However, the chief executive may extend, on
1 occasion, therequired decision-making period for deciding
the applicationby giving the applicant a notice about the
extension before theend of the period.(3)The
extension must not be more than—(a)if
another provision of this Act states a period by whichthe
required decision-making period may be extended—the
stated period; or(b)otherwise—10 business days.(4)A failure to make a decision under
this section is taken to be adecision to
refuse to grant the application.(5)In
this section—required decision-making period,
for an application, meansthe period—(a)that
starts on the later of the following days—(i)the
day the chief executive receives the application;(ii)if further
information or documents are requestedundersection173T—thedaythechiefexecutivereceives the
information or documents; and(b)that
ends after either of the following periods—(i)if
another provision of this Act states a period fordeciding the application—the stated
period;(ii)otherwise—20
business days.173VGeneral criteria for deciding
application(1)In deciding the application, the chief
executive must considerthe following—Current as at
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Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 8A General provisions for
approvals[s 173W](a)the
objects of this Act and how they are to be achieved,as
stated in chapter 1, part 2;(b)the
waste and resource management hierarchy;(c)a
matter for the decision stated in another provision ofthis
Act;(d)another matter prescribed by
regulation for the decision.(2)This
section does not limit the matters the chief executive mayconsider in making the decision.173WGranting application(1)Ifthechiefexecutivedecidestogranttheapplication,thechiefexecutivemustgivetheapplicantanoticeaboutthedecision within 5 business days after
making the decision.(2)If the decision
is to grant an approval, the notice must state thefollowing—(a)that
the approval has been granted;(b)the
person to whom the approval is granted;(c)if
the approval is granted for a term—when the approvalends;(d)a
matter stated in another provision of this Act for thenotice;(e)any
conditions imposed on the approval;(f)if
conditions are imposed on the approval—the reasonsfor
the conditions.(3)If the decision is to amend an
approval, the notice must statethe
following—(a)how the approval is amended;(b)any new conditions imposed on the
approval;(c)any existing conditions amended for
the approval;(d)when the amendment takes
effect.Page 234Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 8A
General provisions for approvals[s 173X](4)If the chief executive imposes or
amends any conditions onthe approval, the notice must also be
an information notice forthe decision to impose the
conditions.173XConditions of approvalIf
the chief executive decides to grant or amend an approval,the
chief executive may impose the conditions on the approvalthe
chief executive considers necessary or desirable.173YRefusal of applicationIfthechiefexecutivedecidestorefusetogranttheapplication, the chief executive must,
within 10 business daysofmakingthedecision,givetheapplicantaninformationnotice for the
decision.Part 3Amendment,
suspension orcancellation173ZAmendment of approvalThechiefexecutivemay,onthechiefexecutive’sowninitiative, amend an approval.173ZA
Suspension or cancellation of approvalThe chief
executive may suspend or cancel an approval if thechief executive is satisfied—(a)agroundforsuspendingorcancellingtheapprovalstated in
another provision of this Act exists; or(b)the
approval was granted because of a materially false ormisleading representation or declaration;
or(c)theapprovalwasgrantedonthebasisofparticularmatters or
information that have changed and the changeCurrent as at
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Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 8A General provisions for
approvals[s 173ZB]is likely to
cause serious environmental harm, materialenvironmental
harm or environmental nuisance; or(d)aconditionimposedontheapprovalhasnotbeencomplied with; or(e)arequestforinformationabouttheapprovalundersection 173ZF has not been complied with;
or(f)it is necessary or desirable to do so
having regard to theobjects of the Act.173ZB
Show cause notice(1)This section applies if the chief
executive proposes to—(a)amend an
approval (theproposed action); or(b)suspendorcancelanapproval(alsotheproposedaction).(2)The chief
executive must give a notice (ashow cause
notice)about the proposed action to the
holder of the approval.(3)The show cause
notice must state the following—(a)the
proposed action;(b)if the proposed action is an
amendment—the proposedamendment;(c)iftheproposedactionissuspension—theproposedperiod of the suspension;(d)the grounds for the proposed
action;(e)the facts and circumstances that form
the basis for thegrounds;(f)thattheholdermay,withinastatedperiod(theshowcause period), make a
written submission to the chiefexecutive about
why the proposed action should not betaken.(4)Theshowcauseperiodmustendatleast28daysaftertheholder of the approval is given the
show cause notice.Page 236Current as at
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Waste
Reduction and Recycling Act 2011Chapter 8A
General provisions for approvals[s 173ZC]Notauthorised—indicativeonly173ZC
Decision about proposed amendment, suspension orcancellation(1)Within 20 business days after the end of the
period for makingsubmissionsstatedintheshowcausenotice,thechiefexecutivemustdecidewhetherornottotaketheproposedaction.(2)The chief executive may decide—(a)iftheproposedactionwastomakeastatedamendment—to
make the stated amendment; or(b)if
the proposed action was to suspend the appointmentfor
a stated period—to suspend the appointment for nolonger than the stated period; or(c)if the proposed action was to cancel
the appointment—tosuspendtheappointment foraperiodorcanceltheappointment.(3)However, the chief executive may extend, on
1 occasion andby no more than 20 business days, the period
for making adecisionbygivinganoticeabouttheextensiontotheapplicant before the end of the
period.(4)Indecidingwhetherornotto taketheproposedaction,thechief executive must consider the
following—(a)allsubmissionsmadebytheholderoftheapprovalduring the show cause period;(b)if the proposed action is an
amendment—the effect ofthe proposed amendment;(c)the objects of this Act and how they
are to be achieved,as stated in chapter 1, part 2;(d)the waste and resource management
hierarchy;(e)another matter prescribed by
regulation.(5)If the chief executive decides to take
the proposed action, thechief executive must, within 10
business days after making thedecision, give
the holder of the approval an information noticefor
the decision.Current as at [Not applicable]Page
237
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 8A General provisions for
approvals[s 173ZD](6)The
decision to take the proposed action takes effect on thelater of the following days—(a)the day the information notice is
given to the holder ofthe approval;(b)a
day stated in the information notice.(7)If
the chief executive decides not to take the proposed action,thechiefexecutivemustgivetheholderoftheapprovalanotice about the decision within 5 business
days after makingthe decision.173ZD Minor
amendment of approval(1)Thechiefexecutivemaymakeaminoramendmentofanapproval by
giving a notice about the amendment to the holderof
the approval.(2)This section applies despite sections
173ZB and 173ZC.(3)In this section—minor
amendment, of an approval, means an amendment
ofthe approval—(a)to
correct a minor or formal error in the approval; or(b)to make a change that is not a change
of substance anddoes not adversely affect the interests of
the holder ofthe approval or another person.Part
4Miscellaneous173ZE Surrender of
approvalTheholderofanapprovalmaysurrendertheapprovalbygiving the chief executive a notice about
the surrender.Page 238Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 9
Reviews[s 173ZF]173ZF Request for
information about approval(1)Thechiefexecutivemay,bynotice,requireanyofthefollowingpersonstogivethechiefexecutiveinformationabout an
approval—(a)the holder of the approval;(b)if the approval was transferred to
another person in the 5years before the notice was given—a
previous holder ofthe approval;(c)if
the approval was cancelled, surrendered or otherwiseendedinthe5yearsbeforethenoticewasgiven—aperson who was
the holder of the approval.(2)The
notice must state—(a)the information required; and(b)why the information is required;
and(c)the day by which the information is to
be given to thechief executive.Chapter 9ReviewsPart 1Internal reviews174Internal review processEvery external
review of a decision to which an informationnoticerelatesmustbeinthefirstinstancebywayofanapplication for internal
review.175Who may apply for internal
reviewApersonwho,underthisAct,hasbeengiven,orwhoisentitled to be given, an information notice
for a decision mayCurrent as at [Not applicable]Page
239
Waste
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Reviews[s 176]applyforaninternalreviewofthedecision(aninternalreview
application).Notauthorised—indicativeonly176Requirements for making
application(1)An internal review application must
be—(a)made to—(i)foradecisionmadebytheOrganisationunderchapter 4, part 3B—the Organisation;
or(ii)otherwise—the
chief executive; and(b)in the approved
form; and(c)supportedbyenoughinformationtoenabletheapplication to be decided; and(d)madewithin14daysaftertheapplicantisgiventheinformationnoticeforthedecisionthesubjectoftheapplication.(2)However,thechiefexecutiveorOrganisationmay,atanytime,extendthetimeformakinganinternalreviewapplication.177Decision not stayed(1)An
internal review application does not stay the decision thesubject of the application (theoriginal decision).(2)However, the applicant may immediately
apply for a stay ofthe original decision to the relevant
entity.(3)The relevant entity may stay the
original decision to secure theeffectiveness of
the internal review and a later external reviewby QCAT.(4)The stay—(a)may
be given on conditions the relevant entity considersappropriate; and(b)operates for the period fixed by the
relevant entity; andPage 240Current as at
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Reduction and Recycling Act 2011Chapter 9
Reviews[s 178](c)may
be amended or revoked by the relevant entity.(5)The
period of the stay must not extend past the time when thechief executive makes the internal review
decision about theoriginaldecisionandanylaterperiodtherelevantentityallows to enable the applicant to apply to
QCAT for a reviewof the internal review decision.(6)An internal review application affects
the original decision, orcarrying out of the decision, only if
the decision is stayed.(7)In this
section—relevantentitymeansthechiefexecutive,OrganisationorQCAT.178Internal review(1)The
chief executive or Organisation must, within 20 days afterreceivinganinternalreviewapplicationmadeundersection
176—(a)conduct an internal review of the
decision the subject ofthe application (theoriginal decision); and(b)make a decision (theinternal review decision) to—(i)confirm the original decision;
or(ii)amend the
original decision; or(iii)substituteanotherdecisionfortheoriginaldecision.(2)The application must not be dealt with
by—(a)the person who made the original
decision; or(b)apersoninalessseniorofficethanthepersonwhomade
the original decision.(3)Subsection
(2)—(a)appliesdespitetheActsInterpretationAct1954,section 27A; and(b)does
not apply to an original decision made—Current as at
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Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 9 Reviews[s 179](i)personally by the chief executive;
or(ii)by the board of
directors of the Organisation.(4)If
the internal review decision confirms the original decision,for
the purpose of an external review, the original decision istaken to be the internal review
decision.(5)If the internal review decision amends
the original decision,for the purpose of an external review,
the original decision asamended is taken to be the internal
review decision.179Notice of internal review
decision(1)The chief executive or Organisation
must, within 10 days aftermaking an internal review decision,
give the applicant noticeof the decision.(2)If
the internal review decision is not the decision sought by
theapplicant,thenoticemustbeaccompaniedbyaQCATinformation
notice for the decision.(3)If the chief
executive or Organisation does not give the noticewithinthe10days,thechiefexecutiveorOrganisationistaken to have made an internal review
decision confirming theoriginal decision.(4)In
this section—QCAT information noticemeans a notice
complying with theQCAT Act, section 157(2).Part
2External reviews by QCAT180Who
may apply for external reviewA person given,
or entitled to be given, a QCAT informationnotice under
section 179 for an internal review decision mayapply,asprovidedundertheQCATAct,toQCATforanexternal review of the
decision.Page 242Current as at
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Chapter 10Waste Reduction
and Recycling Act 2011Chapter 10 Authorised persons[s
181]Authorised personsNotauthorised—indicativeonlyPart
1Preliminary181Definitions for ch 10In this
chapter—disposal ordersee section
231(2).document certification requirementsee
section 234(6).document production requirementsee
section 234(2).electronic documentmeans a document
of a type under theActs Interpretation Act 1954,
schedule 1, definitiondocument,paragraph (c).forfeiture
ordersee section 227(1).former
ownersee section 226(1).general
powersee section 211(1).help
requirementsee section 212(1).identity
card, for a provision about authorised persons,
meansan identity card issued under section
187.information requirementsee section
237(3).offencewarning,foradirectionorrequirementofanauthorised person, means a warning
that, without reasonableexcuse, it is an offence for the
person to whom the direction orrequirement is
made not to comply with it.owner,forathingthathasbeenseizedunderthischapter,includes a
person who would be entitled to possession of thething had it not been seized.personal details requirementsee
section 232(5).person in control—(a)of a vehicle, includes—(i)the vehicle’s driver or rider;
andCurrent as at [Not applicable]Page
243
Waste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 182](ii)anyone who reasonably appears to be, claims
to be,or acts as if he or she is, the vehicle’s
driver or rideror the person in control of the vehicle;
or(b)ofanotherthing,includesanyonewhoreasonablyappears to be,
claims to be, or acts as if he or she is, theperson in
possession or control of the thing.Notauthorised—indicativeonlyPart 2General matters
aboutauthorised personsDivision 1Functions182Functions of authorised personsAn
authorised person has the following functions—(a)to
investigate, monitor and enforce compliance with thisAct;(b)to
investigate or monitor whether an occasion has arisenfor
the exercise of powers under this Act;(c)to
facilitate the exercise of powers under this Act.Division 2Appointment183Appointment and qualifications(1)Thechiefexecutivemay,byinstrumentinwriting,appointany
of the following persons as an authorised person—(a)a public service officer;(b)an employee of the department;(c)a person prescribed under a
regulation.(2)However,thechiefexecutivemayappointapersonasanauthorised person only if the chief
executive is satisfied thePage 244Current as at
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Waste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 184]person is
qualified for appointment because the person has thenecessary expertise or experience.Notauthorised—indicativeonly184Appointment conditions and limit on
powers(1)Anauthorisedpersonholdsofficeonanyconditionsstatedin—(a)the authorised
person’s instrument of appointment; or(b)a
signed notice given to the authorised person; or(c)a regulation.(2)The
instrument of appointment, a signed notice given to theauthorisedpersonoraregulationmaylimittheauthorisedperson’s
powers.(3)In this section—signed
noticemeans a notice signed by the chief
executive.185When office ends(1)The
office of a person as an authorised person ends if any ofthe
following happens—(a)the term of office stated in a
condition of office ends;(b)under another
condition of office, the office ends;(c)theauthorisedperson’sresignationundersection 186takes
effect.(2)Subsection (1) does not limit the ways
the office of a personas an authorised person ends.(3)In this section—conditionofofficemeansaconditionunderwhichtheauthorised person holds office.186Resignation(1)An
authorised person may resign by signed notice given to thechief executive.Current as at
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Waste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 187](2)However,ifholdingofficeasanauthorisedpersonisacondition of the
authorised person holding another office, theauthorisedpersonmaynotresignasanauthorisedpersonwithout resigning from the other
office.Notauthorised—indicativeonlyDivision 3Identity
cards187Issue of identity card(1)Thechiefexecutivemustissueanidentitycardtoeachauthorised
person.(2)The identity card must—(a)contain a recent photo of the
authorised person; and(b)contain a copy
of the authorised person’s signature; and(c)identifythepersonasanauthorisedpersonunderthisAct;
and(d)state an expiry date for the
card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other purposes.188Production or display of identity
card(1)In exercising a power in relation to a
person in the person’spresence, an authorised person
must—(a)producetheauthorisedperson’sidentitycardfortheperson’s
inspection before exercising the power; or(b)have
the identity card displayed so it is clearly visible tothe
person when exercising the power.(2)However, if it is not practicable to comply
with subsection (1),the authorised person must produce the
identity card for theperson’s inspection at the first
reasonable opportunity.(3)For subsection
(1), an authorised person does not exercise apowerinrelationtoapersononlybecausetheauthorisedPage 246Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 189]personhasenteredaplaceasmentionedinsection 192(1)(a)(iii), (iv) or (v).189Return of identity cardIftheofficeofapersonasanauthorisedpersonends,thepersonmustreturntheperson’sidentitycardtothechiefexecutivewithin21daysaftertheofficeendsunlesstheperson has a reasonable excuse.Maximum penalty—50 penalty units.Division 4Miscellaneous
provisions190References to exercise of
powersIf—(a)aprovisionofthischapterreferstotheexerciseofapower by an authorised person;
and(b)there is no reference to a specific
power;thereferenceistotheexerciseofalloranyauthorisedpersons’ powers
under this chapter or a warrant, to the extentthe powers are
relevant.191Reference to document includes
reference toreproductions from electronic
documentA reference in this chapter to a document
includes a referenceto an image or writing—(a)produced from an electronic document;
or(b)notyetproduced,butreasonablycapableofbeingproduced, from
an electronic document, with or withoutthe aid of
another article or device.Current as at [Not applicable]Page
247
Waste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 192]Part 3Entry of places by authorisedpersonsNotauthorised—indicativeonlyDivision 1Power to
enter192General power to enter places(1)An authorised person may enter a
place—(a)if—(i)an
occupier of the place consents under division 2totheentryandsection 195hasbeencompliedwith
for the occupier; or(ii)the entry is
authorised under a warrant and, if thereis an occupier
of the place, division 3, subdivision2 has been
complied with for the occupier; or(iii)it
is a public place and the entry is made when it isopen
to the public; or(iv)it is a place of
business that is open for carrying onthe business;
or(v)it is vacant land in relation to which
the authorisedpersonreasonablysuspectsanoffenceagainstsection 103(1)or104(1)hasbeenorisbeingcommitted;
or(b)ifitisawastefacilityandentryismadeduringthedaytime; or(c)under section 204.(2)Subsection (1)(a)(iv) is not limited by
subsection (1)(b).(3)Subsection (1)(a)(iv)or(b)doesnotauthoriseentrytoanypart of the
place where a person resides.(4)If
the power to enter arose only because an occupier of theplaceconsentedtotheentry,thepowerissubjecttoanyconditionsoftheconsentandceasesiftheconsentiswithdrawn.Page 248Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 193](5)If
the power to enter is under a warrant, the power is subject
tothe terms of the warrant.(6)If the power to enter arose only
because an occupier of theplace consented to the entry, the
consent may provide consentfor re-entry and
is subject to the conditions of consent.(7)If
the power to enter is under a warrant, the re-entry is
subjectto the terms of the warrant.(8)In this section—vacantlandmeanslandonwhichtherearenostructuralimprovements
other than fencing.Division 2Entry by
consent193Application of div 2This
division applies if an authorised person intends to ask anoccupierofaplaceforconsenttotheauthorisedpersonoranotherauthorisedpersonenteringtheplaceundersection 192(1)(a)(i).194Incidental entry to ask for accessForthepurposeofaskingtheoccupierfortheconsent,theauthorisedpersonmay,withouttheoccupier’sconsentorawarrant—(a)enter land around premises at the
place to an extent thatis reasonable to contact the occupier;
or(b)enter part of the place the authorised
person reasonablyconsiders members of the public ordinarily
are allowedto enter when they wish to contact an
occupier of theplace.Current as at
[Not applicable]Page 249
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 10 Authorised persons[s
195]195Matters authorised person must tell
occupierBefore asking for the consent, the
authorised person must givea reasonable
explanation to the occupier—(a)aboutthepurposeoftheentry,includingthepowersintended to be
exercised; and(b)that the occupier is not required to
consent; and(c)that the consent may be given subject
to conditions andmay be withdrawn at any time.196Consent acknowledgement(1)Iftheconsentisgiven,theauthorisedpersonmayasktheoccupier to sign an acknowledgement of the
consent.(2)The acknowledgement must state—(a)the purpose of the entry, including
the powers intendedto be exercised; and(b)the
following has been explained to the occupier—(i)thepurposeoftheentry,includingthepowersintended to be
exercised;(ii)that the
occupier is not required to consent;(iii)that
the consent may be given subject to conditionsand may be
withdrawn at any time; and(c)theoccupiergivestheauthorisedpersonoranotherauthorised
person consent to enter the place and exercisethe powers;
and(d)the time and day the consent was
given; and(e)any conditions of the consent.(3)Iftheoccupiersignstheacknowledgement,theauthorisedperson must
immediately give a copy to the occupier.(4)However, if it is impractical for the
authorised person to givethe occupier a copy of the
acknowledgement immediately, theauthorised
person must give the copy as soon as practicable.Page
250Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 197](5)If—(a)anissuearisesinaproceedingaboutwhethertheoccupier consented to the entry; and(b)an acknowledgement complying with
subsection (2) forthe entry is not produced in
evidence;the onus of proof is on the person relying
on the lawfulness ofthe entry to prove the occupier
consented.Division 3Entry under
warrantSubdivision 1Obtaining
warrant197Application for warrant(1)An authorised person may apply to a
magistrate for a warrantfor a place.(2)The
authorised person must prepare a written application thatstates the grounds on which the warrant is
sought.(3)The written application must be
sworn.(4)The magistrate may refuse to consider
the application until theauthorised person gives the magistrate
all the information themagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingthewritten application to be given by statutory
declaration.198Issue of warrant(1)Themagistratemayissueawarrantfortheplaceifthemagistrateissatisfiedtherearereasonablegroundsforsuspectingthatthereisattheplace,orwillbeattheplacewithin the next 7 days, a particular thing
or activity that mayprovide evidence of an offence against
this Act.Current as at [Not applicable]Page
251
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 10 Authorised persons[s
199](2)The warrant must state—(a)the place to which the warrant
applies; and(b)that a stated authorised person or any
authorised personmay with necessary and reasonable help and
force—(i)enter the place and any other place
necessary forentry to the place; and(ii)exercise the authorised person’s powers;
and(c)particulars of the offence that the
magistrate considersappropriate; and(d)the
name of the person suspected of having committedtheoffenceunlessthenameisunknownorthemagistrate considers it inappropriate
to state the name;and(e)the evidence
that may be seized under the warrant; and(f)thehoursofthedayornightwhentheplacemaybeentered; and(g)the
magistrate’s name; and(h)the day and time
of the warrant’s issue; and(i)theday,within14daysafterthewarrant’sissue,thewarrant ends.199Electronic application(1)An
application under section 197 may be made by phone, fax,email, radio, videoconferencing or another
form of electroniccommunication if the authorised person
reasonably considersit necessary because of—(a)urgent circumstances; or(b)other special circumstances,
including, for example, theauthorised
person’s remote location.(2)The
application—(a)may not be made before the authorised
person preparesthe written application under section
197(2); butPage 252Current as at
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Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 200](b)may
be made before the written application is sworn.200Additional procedure if electronic
application(1)Foranapplicationmadeundersection
199,themagistratemayissuethewarrant(theoriginalwarrant)onlyifthemagistrate is satisfied—(a)itwasnecessarytomaketheapplicationundersection 199; and(b)the
way the application was made under section 199 wasappropriate.(2)After the magistrate issues the original
warrant—(a)if there is a reasonably practicable
way of immediatelygiving a copy of the warrant to the
authorised person,including,forexample,bysendingacopybyfaxoremail, the
magistrate must immediately give a copy ofthe warrant to
the authorised person; or(b)otherwise—(i)the
magistrate must tell the authorised person theinformation
mentioned in section 198(2); and(ii)theauthorisedpersonmustcompleteaformofwarrant, including by writing on it the
informationmentionedinsection 198(2)providedbythemagistrate.(3)The
copy of the warrant mentioned in subsection (2)(a), or theform
of warrant completed under subsection (2)(b) (in eithercase
theduplicate warrant), is a
duplicate of, and as effectualas, the original
warrant.(4)Theauthorisedpersonmust,atthefirstreasonableopportunity,
send to the magistrate—(a)thewrittenapplicationcomplyingwithsection
197(2)and (3); andCurrent as at
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2011Chapter 10 Authorised persons[s
201](b)iftheauthorisedpersoncompletedaformofwarrantundersubsection (2)(b)—thecompletedformofwarrant.(5)Themagistratemustkeeptheoriginalwarrantand,onreceiving the documents under subsection
(4)—(a)attach the documents to the original
warrant; and(b)give the original warrant and
documents to the clerk ofthe court of the relevant magistrates
court.(6)Despite subsection (3), if—(a)anissuearisesinaproceedingaboutwhetheranexercise of a power was authorised by a
warrant issuedunder this section; and(b)the
original warrant is not produced in evidence;the onus of
proof is on the person relying on the lawfulness ofthe
exercise of the power to prove a warrant authorised theexercise of the power.(7)This
section does not limit section 197.(8)In
this section—relevant magistrates court, in
relation to a magistrate, meansthe Magistrates
Court that the magistrate constitutes under theMagistrates Act
1991.201Defect in
relation to a warrant(1)A warrant is not
invalidated by a defect in—(a)the
warrant; or(b)compliance with this
subdivision;unlessthedefectaffectsthesubstanceofthewarrantinamaterial particular.(2)In this section—warrantincludesaduplicatewarrantmentionedinsection 200(3).Page 254Current as at [Not applicable]
Subdivision 2Waste Reduction
and Recycling Act 2011Chapter 10 Authorised persons[s
202]Entry procedureNotauthorised—indicativeonly202Procedure(1)Thissectionappliesifanauthorisedpersonisintendingtoenter a place under a warrant issued under
this division.(2)Before entering the place, the
authorised person must do ormake a
reasonable attempt to do the following things—(a)identifyhimselforherselftoapersonwhoisanoccupieroftheplaceandispresentbyproducingtheauthorisedperson’sidentitycardoranotherdocumentevidencing the authorised person’s
appointment;(b)give the person a copy of the
warrant;(c)tell the person the authorised person
is permitted by thewarrant to enter the place;(d)give the person an opportunity to
allow the authorisedperson immediate entry to the place
without using force.(3)However,theauthorisedpersonneednotcomplywithsubsection (2)iftheauthorisedpersonreasonablybelievesthat
entry to the place is required to ensure the execution ofthe
warrant is not frustrated.(4)In this
section—warrantincludesaduplicatewarrantmentionedinsection 200(3).Division 4Procedure for certain other entries203Procedure(1)This
section applies if—(a)an authorised person is intending to
enter a place undersection 192(1)(a)(iv) or (b); and(b)an occupier of the place is present at
the place.Current as at [Not applicable]Page
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Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 10 Authorised persons[s
204](2)Before entering the place, the
authorised person must do ormake a
reasonable attempt to do the following things—(a)identify himself or herself to the occupier
by producingtheauthorisedperson’sidentitycardoranotherdocumentevidencingtheauthorisedperson’sappointment;(b)tell
the occupier the purpose of the entry;(c)telltheoccupiertheauthorisedpersonispermittedunder this Act
to enter the place.Division 5Entry of
stationary vehicles byauthorised persons204Power
to enter(1)An authorised person may enter and
stay in a vehicle if thevehicleisstationaryandtheauthorisedpersonreasonablysuspects, or is
aware, that a thing in or on the vehicle mayprovideevidenceofthecommissionofanoffenceagainstsection 41(1) or 104(1).Note—See
part 4, division 1 for authorised person’s powers to stop
movingvehicle.(2)An
authorised person may not enter a part of a vehicle undersubsection (1) that is used only as a living
area.(3)Thepowertoenterunderthissectionisinadditiontothepowers under
section 192(1)(a)(ii).205Procedure for
entry(1)Subsection (2) applies if—(a)anauthorisedpersonisintendingtoenteravehicleunder section
204; and(b)thepersonincontrolofthevehicleispresentatthevehicle.Page 256Current as at [Not applicable]
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Authorised persons[s 205](2)Before entering the vehicle, the authorised
person must do, ormakeareasonableattempttodo,eachofthefollowingthings—(a)identifyhimselforherselftothepersonincontrolbyproducingtheauthorisedperson’sidentitycardoranotherdocumentevidencingtheauthorisedperson’sappointment;(b)tell
the person the purpose of the entry;(c)seek
the consent of the person to the entry;(d)tell
the person the authorised person is permitted underthisActtoenterthevehiclewithouttheperson’sconsent.(3)Ifthepersonincontrolofthevehicleisnotpresentatthevehicle, the authorised person must
take reasonable steps toadvise the person or any registered
operator of the vehicle ofthe authorised person’s intention to
enter the vehicle.(4)Subsection (3) does not require the
authorised person to take astep the
authorised person reasonably believes may frustrateorotherwisehindertheperformanceoftheauthorisedperson’s
functions or the purpose of the intended entry.(5)In
this section—registered operator, of a vehicle,
means—(a)if it is registered in Queensland—the
person in whosenamethevehicleisregisteredundertheTransportOperations (Road
Use Management) Act 1995; or(b)if
it is registered in another State—the person in whosename
the vehicle is registered under the Act of the Statethat
corresponds to theTransport Operations (Road UseManagement) Act 1995.Current as at [Not applicable]Page
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Authorised persons[s 206]Part 4Other authorised persons’powers and related mattersNotauthorised—indicativeonlyDivision 1Stopping or
moving vehicles206Application of div 1Thisdivisionappliesifanauthorisedpersonreasonablysuspects,orisaware,thatathinginoronavehiclemayprovideevidenceofthecommissionofanoffenceagainstsection 41(1) or 104(1).207Power
to stop or move(1)Ifthevehicleismoving,theauthorisedpersonmay,toexercisehisorherpowers,signalorotherwisedirecttheperson in control of the vehicle to
stop the vehicle and to bringthevehicleto,andkeepitat,aconvenientplacewithinareasonable distance to allow the authorised
person to exercisethe powers.(2)If
the vehicle is stopped, the authorised person may direct theperson in control of the vehicle—(a)not to move it until the authorised
person has exercisedthe authorised person’s powers;
or(b)to move the vehicle to, and keep it
at, a stated reasonableplacetoallowtheauthorisedpersontoexercisethepowers.(3)Whengivingthedirectionundersubsection (2),theauthorised person must give the person in
control an offencewarning for the direction.208Identification requirements if vehicle
moving(1)This section applies if the authorised
person proposes to givea direction under section 207(1) and
the vehicle is moving.Page 258Current as at
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Authorised persons[s 209](2)The
authorised person must clearly identify himself or herselfasanauthorisedpersonexercisingtheauthorisedperson’spowers.(3)When
the vehicle stops, the authorised person must—(a)havewithhimorhertheauthorisedperson’sidentitycard; and(b)immediately produce the identity card
for the inspectionof the person in control of the
vehicle.(4)Subsection (3) applies despite section
188.209Failure to comply with
direction(1)Thepersonincontrolofthevehiclemustcomplywithadirection under section 207 unless the
person has a reasonableexcuse.Maximum
penalty—60 penalty units.(2)It is a
reasonable excuse for the person not to comply with adirection if—(a)the
vehicle was moving and the authorised person didnot
comply with section 208; or(b)tocomplyimmediatelywouldhaveendangeredsomeone else or
caused loss or damage to property, andthe person
complies as soon as it is practicable to do so.(3)Subsection (2) does not limit subsection
(1).(4)A person does not commit an offence
against subsection (1)if—(a)thedirectionthepersonfailstocomplywithisgivenunder section
207(2); and(b)thepersonisnotgivenanoffencewarningforthedirection.Current as at
[Not applicable]Page 259
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2011Chapter 10 Authorised persons[s
210]Division 2General powers
after enteringplaces210Application of div 2(1)Thepowersunderthisdivisionmaybeexercisedifanauthorised
person enters a place under—(a)section 192(1)(a)(i), (ii), (iv), (v) or
(b); or(b)section 204.(2)However,iftheauthorisedpersonentersundersection 192(1)(a)(i) or (ii), the powers
under this division aresubjecttoanyconditionsoftheconsentortermsofthewarrant.211General powers(1)The
authorised person may do any of the following (each ageneral power)—(a)search any part of the place;(b)inspect,examineorfilmanypartoftheplaceoranything at the place;(c)take
for examination or analysis a thing, or a sample ofor
from a thing, at the place;(d)place an identifying mark in or on anything
at the place;(e)take an extract from, or copy, a
document at the place, ortake the document to another place to
copy;(f)produceanimageorwritingattheplacefromanelectronicdocumentor,totheextentitisnotpracticable,takeathingcontaininganelectronicdocumenttoanotherplacetoproduceanimageorwriting;(g)taketo,intoorontotheplaceanduseanyperson,equipmentandmaterialstheauthorisedpersonPage
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Authorised persons[s 212]reasonablyrequiresforexercisingtheauthorisedperson’s powers
under this division;(h)remain at the
place for the time necessary to achieve thepurpose of the
entry.(2)The authorised person may take a
necessary step to allow theexercise of a
general power.(3)If the authorised person takes a
document from the place tocopyit,theauthorisedpersonmustcopyandreturnthedocument to the place as soon as
practicable.(4)Iftheauthorisedpersontakesfromtheplaceanarticleordevice reasonably capable of producing a
document from anelectronic document to produce the document,
the authorisedperson must produce the document and return
the article ordevice to the place as soon as
practicable.(5)In this section—examineincludesanalyse,test,account,measure,weigh,grade, gauge and identify.filmincludes
photograph, videotape and record an image inanother
way.inspect,athing,includesopenthethingandexamineitscontents.212Power
to require reasonable help(1)Theauthorisedpersonmaymakearequirement(ahelprequirement) of an occupier
of the place or a person at theplace to give
the authorised person reasonable help to exerciseageneralpower,including,forexample,toproduceadocument or to give information.(2)Ahelprequirementmayrequirethepersontogivetheauthorisedpersonanytranslation,code,passwordorotherinformationnecessarytogainaccesstoorinterpretandunderstandanydocumentorinformationobtainedbytheauthorised
person under a general power.Current as at
[Not applicable]Page 261
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2011Chapter 10 Authorised persons[s
213](3)Whenmakingthehelprequirement,theauthorisedpersonmust
give the person an offence warning for the requirement.213Offence to contravene help
requirement(1)A person of whom a help requirement
has been made mustcomplywiththerequirementunlessthepersonhasareasonable excuse.Maximum
penalty—50 penalty units.(2)It is a
reasonable excuse for an individual not to comply witha
help requirement if complying might tend to incriminate theindividual or expose the individual to a
penalty.(3)However,subsection
(2)doesnotapplyifadocumentorinformation the subject of the help
requirement is required tobe held or kept by the defendant under
this Act.Division 3Seizure and
forfeitureSubdivision 1Power to
seize214Seizing evidence at a place that may
be entered withoutconsent or warrantAn authorised
person who enters a place the authorised personmay enter under
this Act without the consent of an occupier ofthe place and
without a warrant may seize a thing at the placeiftheauthorisedpersonreasonablybelievesthethingisevidence of an offence against this
Act.215Seizing evidence at a place that may
be entered only withconsent or warrant(1)This
section applies if—Page 262Current as at
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Authorised persons[s 216](a)an
authorised person is authorised to enter a place onlywiththeconsentofanoccupieroftheplaceorawarrant; and(b)the
authorised person enters the place after obtaining theconsent or under a warrant.(2)If the authorised person enters the
place with the occupier’sconsent, the authorised person may
seize a thing at the placeonly if—(a)theauthorisedpersonreasonablybelievesthethingisevidence of an offence against this Act;
and(b)seizureofthethingisconsistentwiththepurposeofentry as explained to the occupier when
asking for theoccupier’s consent.(3)If
the authorised person enters the place under a warrant, theauthorisedpersonmayseizetheevidenceforwhichthewarrant was issued.(4)Theauthorisedpersonmayalsoseizeanythingelseattheplace if the
authorised person reasonably believes—(a)the
thing is evidence of an offence against this Act; and(b)the seizure is necessary to prevent
the thing being—(i)hidden, lost or destroyed; or(ii)used to
continue, or repeat, the offence.(5)The
authorised person may also seize a thing at the place if theauthorised person reasonably believes it has
just been used incommitting an offence against this
Act.216Seizure of property subject to
security(1)An authorised person may seize a
thing, and exercise powersrelating to the thing, despite a lien
or other security over thething claimed by another
person.(2)However, the seizure does not affect
the other person’s claimtothelienorothersecurity
againstapersonotherthantheauthorised person or a person acting for the
authorised person.Current as at [Not applicable]Page
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2011Chapter 10 Authorised persons[s
217]Subdivision 2Powers to
support seizure217Requirement of person in control of
thing to be seized(1)Toenableathingtobeseized,anauthorisedpersonmayrequire the person in control of
it—(a)totakeittoastatedreasonableplacebyastatedreasonable time; and(b)if
necessary, to remain in control of it at the stated placefor
a stated reasonable time.(2)The
requirement—(a)must be made by notice; or(b)if for any reason it is not
practicable to give a notice,may be made
orally and confirmed by notice as soon aspracticable.218Offence to contravene seizure
requirementA person of whom a requirement is made under
section 217mustcomplywiththerequirementunlessthepersonhasareasonable excuse.Maximum
penalty—60 penalty units.219Power to secure
seized thing(1)Havingseizedathingunderthisdivision,anauthorisedperson
may—(a)leave it at the place where it was
seized (theplace ofseizure)
and take reasonable action to restrict access toit;
or(b)move it from the place of
seizure.(2)Forsubsection
(1)(a),theauthorisedpersonmay,forexample—Page 264Current as at [Not applicable]
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Authorised persons[s 220](a)seal
the thing, or the entrance to the place of seizure, andmark
the thing or place to show access to the thing orplace is restricted; or(b)for
equipment—make it inoperable; orExample—make
it inoperable by dismantling it or removing a componentwithout which the equipment can not be
used(c)requireapersontheauthorisedpersonreasonablybelieves is in
control of the place or thing to do an actmentionedinparagraph(a)or(b)oranythingelseanauthorised person could do under
subsection (1)(a).220Offence to contravene other seizure
requirementA person must comply with a requirement made
of the personundersection
219(2)(c)unlessthepersonhasareasonableexcuse.Maximum penalty—60 penalty units.221Offence to interfere(1)If access to a seized thing is
restricted under section 219, aperson must not
tamper with the thing or with anything usedto restrict
access to the thing without—(a)an
authorised person’s approval; or(b)a
reasonable excuse.Maximum penalty—60 penalty units.(2)If access to a place is restricted
under section 219, a personmust not enter
the place in contravention of the restriction ortamperwithanythingusedtorestrictaccesstotheplacewithout—(a)an
authorised person’s approval; or(b)a
reasonable excuse.Maximum penalty—60 penalty units.Current as at [Not applicable]Page
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Authorised persons[s 222]Subdivision
3Safeguards for seized thingsNotauthorised—indicativeonly222Receipt and
information notice for seized thing(1)This
section applies if an authorised person seizes anythingunder this division unless—(a)theauthorisedpersonreasonablybelievesthereisno-oneapparentlyinpossessionofthethingorithasbeen abandoned;
or(b)because of the condition, nature and
value of the thing itwould be unreasonable to require the
authorised personto comply with this section.(2)Theauthorisedpersonmust,assoonaspracticableafterseizing the thing, give an owner or person
in control of thething before it was seized—(a)a receipt for the thing that generally
describes the thingand its condition; and(b)an
information notice for the decision to seize it.(3)However, if an owner or person from
whom the thing is seizedis not present when it is seized, the
receipt and informationnoticemaybegivenbyleavingtheminaconspicuousposition and in
a reasonably secure way at the place at whichthe thing is
seized.(4)The receipt and information notice
may—(a)be given in the same document;
and(b)relate to more than 1 seized
thing.(5)Theauthorisedpersonmaydelaygivingthereceiptandinformationnoticeiftheauthorisedpersonreasonablysuspectsgivingthemmayfrustrateorotherwisehinderaninvestigation by the authorised person
under this Act.(6)However, the delay may be only for so
long as the authorisedpersoncontinuestohavethereasonablesuspicionandremainsinthevicinityoftheplaceatwhichthethingwasseized to keep it under observation.Page
266Current as at [Not applicable]
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Authorised persons[s 223]223Access to seized thing(1)Untilaseizedthingisforfeitedorreturned,theauthorisedpersonwhoseizedthethingmustallowanownerofthething—(a)toinspectitatanyreasonabletimeandfromtimetotime; and(b)if
it is a document—to copy it.(2)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.(3)The inspection
or copying must be allowed free of charge.224Return of seized thing(1)This
section applies if a seized thing has some intrinsic valueand
is not—(a)forfeited or transferred under
subdivision 4 or 5; or(b)subject to a
disposal order under division 4.(2)Theauthorisedpersonmustreturntheseizedthingtoanowner—(a)generally—at the end of 1 year after
the seizure; or(b)ifaproceedingforanoffenceinvolvingthethingisstarted within the 1 year—at the end of the
proceedingand any appeal from the proceeding.(3)Despite subsection (2), if the thing
was seized as evidence, theauthorised
person must return the thing seized to an owner assoon
as practicable after the authorised person is satisfied—(a)its continued retention as evidence is
no longer required;and(b)itscontinuedretentionisnotnecessarytopreventitbeing used to continue, or repeat, an
offence against thisAct; and(c)it
is lawful for the owner to possess it.Current as at
[Not applicable]Page 267
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Authorised persons[s 225](4)Nothing in this section affects a lien or
other security over theseized thing.Notauthorised—indicativeonlySubdivision 4Forfeiture225Forfeiture by chief executive(1)The chief executive may decide a
seized thing is forfeited tothe State if an
authorised person—(a)aftermakingreasonableinquiries,cannotfindanowner; or(b)after making reasonable efforts, can not
return it to anowner; or(c)reasonably believes it is necessary to keep
the thing toprevent it being used to commit the offence
for which itwas seized.(2)However, the authorised person is not
required to—(a)makeinquiriesifitwouldbeunreasonabletomakeinquiries to
find an owner; or(b)make efforts if it would be
unreasonable to make effortsto return the
thing to an owner.Example for paragraph (b)—The
owner of the thing has migrated to another country.(3)Regard must be had to the thing’s
condition, nature and valuein
deciding—(a)whether it is reasonable to make
inquiries or efforts; and(b)ifinquiriesoreffortsaremade—whatinquiriesorefforts, including the period over
which they are made,are reasonable.226Information notice for forfeiture
decision(1)If the chief executive decides under
section 225(1) to forfeit athing, the chief
executive must as soon as practicable give aPage 268Current as at [Not applicable]
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Authorised persons[s 227]person who owned
the thing immediately before the forfeiture(theformer owner) an information
notice for the decision.(2)The information
notice may be given by leaving it at the placewhere the thing
was seized, in a conspicuous position and in areasonably
secure way.(3)The information notice must state that
the former owner mayapply for a stay of the decision if he
or she seeks a review ofthe decision.(4)However, subsections (1) to (3) do not apply
if—(a)thedecisionwasmadeundersection 225(1)(a)or(b);and(b)the place where the thing was seized
is—(i)a public place; or(ii)a
place where the notice is unlikely to be read bythe
former owner.227Forfeiture on conviction(1)If a court convicts a person of an
offence against this Act, thecourt may order
(aforfeiture order) the forfeiture
to the Stateof—(a)anything used to
commit the offence; or(b)anything else
the subject of the offence.(2)The
court may make the order—(a)whether or not
the thing has been seized; and(b)if
the thing has been seized—whether or not the thinghas
been returned to the former owner of the thing.(3)Thecourtmaymakeanyordertoenforcetheforfeitureitconsiders appropriate.(4)This
section does not limit the court’s powers under anotherlaw.Current as at
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2011Chapter 10 Authorised persons[s
228]228Procedure and powers for making
forfeiture order(1)A forfeiture order may be made on a
conviction on the court’sinitiative or on an application by the
prosecution.(2)In deciding whether to make a
forfeiture order for a thing, thecourt—(a)mayrequirenoticetobegiventoanyonethecourtconsidersappropriate,including,forexample,anyperson who may have any property in the
thing; and(b)must hear any submissions that any
person claiming tohave any property in the thing may wish to
make.Subdivision 5Dealing with
property forfeited ortransferred to State229When thing becomes property of the
StateA thing becomes the property of the State
if—(a)the thing is forfeited to the State
under section 225(1) or227; or(b)the
owner of the thing and the State agree, in writing, tothe
transfer of the ownership of the thing to the State.230How property may be dealt with(1)This section applies if, under section
229, a thing becomes theproperty of the State.(2)Thechiefexecutivemaydealwiththethingasthechiefexecutiveconsidersappropriate,including,forexample,bydestroying it or giving it away.(3)The chief executive must not deal with
the thing in a way thatcould prejudice the outcome of any
review or appeal relatingto the forfeiture under this Act or
the QCAT Act.Page 270Current as at
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Authorised persons[s 231](4)If
the chief executive sells the thing, the chief executive
may,after deducting the costs of the sale,
return the proceeds of thesale to the former owner of the
thing.(5)Thissectionissubjecttoanydisposalordermadeforthething.Notauthorised—indicativeonlyDivision 4Disposal
orders231Disposal order(1)This
section applies if a court convicts a person of an offenceagainst this Act.(2)The
court may make an order (adisposal order), on its
owninitiativeoronanapplicationbytheprosecution,forthedisposal of any of the following
things owned by the person—(a)anything that was the subject of, or used to
commit, theoffence;(b)another thing the court considers is likely
to be used bythepersonoranotherpersonincommittingafurtheroffence against
this Act.(3)The court may make a disposal order
for a thing—(a)whether or not it has been seized
under this Act; and(b)if the thing has been seized—whether
or not it has beenreturned to the former owner.(4)In deciding whether to make a disposal
order for a thing, thecourt—(a)mayrequirenoticetobegiventoanyonethecourtconsidersappropriate,including,forexample,anyperson who may have any property in the
thing; and(b)must hear any submissions that any
person claiming tohave any property in the thing may wish to
make.(5)The court may make any order to
enforce the disposal orderthat it considers appropriate.Current as at [Not applicable]Page
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2011Chapter 10 Authorised persons[s
232](6)This section does not limit the
court’s powers under anotherlaw.Division 5Other
information-obtaining powers232Power
to require name and address(1)This
section applies if an authorised person—(a)finds a person committing an offence against
this Act orcontravening a prescribed provision;
or(b)finds a person in circumstances that
lead the authorisedpersontoreasonablysuspectthepersonhasjustcommitted an
offence against this Act or contravened aprescribed
provision; or(c)hasinformationthatleadstheauthorisedpersontoreasonablysuspectapersonhasjustcommittedanoffenceagainstthisActorcontravenedaprescribedprovision.(2)Theauthorisedpersonmayrequirethepersontostatetheperson’s name and address.(3)Theauthorisedpersonmayalsorequirethepersontogiveevidence of the
correctness of the stated name or address if, inthe
circumstances, it would be reasonable to expect the personto—(a)beinpossessionofevidenceofthecorrectnessofthestated name or address; or(b)otherwise be able to give the
evidence.(4)When making a personal details
requirement, the authorisedpersonmustgivethepersonanoffencewarningfortherequirement.(5)Arequirementunderthissectionisapersonaldetailsrequirement.(6)In this section—Page 272Current as at [Not applicable]
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Authorised persons[s 233]address,ofaperson,includestheperson’sresidentialandbusiness address and, for a person
temporarily in Queensland,includes the place where the person is
living in Queensland.prescribed provisionmeans section 107(1), 108 or 109(1)
or(2).233Offence to
contravene personal details requirement(1)Apersonofwhomapersonaldetailsrequirementhasbeenmade must comply
with the requirement unless the person hasa reasonable
excuse.Maximum penalty—50 penalty units.(2)Apersonmaynotbeconvictedofanoffenceundersubsection (1) unless—(a)the
person is found guilty of the offence in relation towhich the personal details requirement was
made; or(b)if the personal details requirement
was made in relationto a contravention of a prescribed
provision mentionedin section 232—the court is satisfied beyond
reasonabledoubtthatthepersoncontravenedtheprescribedprovision.234Power
to require production of document(1)An
authorised person may require a person to make availablefor
inspection by an authorised person, or to produce to theauthorisedpersonforinspection,atareasonabletimeandplace nominated by the authorised
person—(a)adocumentissuedtothepersonunderthisActorrequired to be kept by the person
under this Act; or(b)if a document or information required
to be kept by aperson under this Act is stored or recorded
by means ofadevice—adocumentthatisaclearwrittenreproductionofthestoredorrecordeddocumentorinformation.Current as at
[Not applicable]Page 273
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2011Chapter 10 Authorised persons[s
235](2)A requirement under subsection (1) is
adocument productionrequirement.(3)Foranelectronicdocument,compliancewiththedocumentproductionrequirementrequiresthemakingavailableorproductionofaclearwrittenreproductionoftheelectronicdocument.(4)The authorised person may keep the
document to copy it.(5)If the
authorised person copies the document, or an entry inthe
document, the authorised person may require the personresponsible for keeping the document to
certify the copy as atrue copy of the document or
entry.(6)Arequirementundersubsection (5)isadocumentcertification
requirement.(7)The authorised
person must return the document to the personas soon as
practicable after copying it.(8)However, if a document certification
requirement is made of aperson,theauthorisedpersonmaykeepthedocumentuntilthe
person complies with the requirement.235Offence to contravene document production
requirement(1)Apersonofwhomadocumentproductionrequirementhasbeenmademustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—60 penalty units.(2)It is a reasonable excuse for an
individual not to comply witha document
production requirement if complying might tendtoincriminatetheindividualorexposetheindividualtoapenalty.(3)However,subsection
(2)doesnotapplyifadocumentorinformationthesubjectofthedocumentproductionrequirement is
required to be held or kept by the person underthis Act.(4)Ifacourtconvictsapersonofanoffenceagainstsubsection (1), the court may, as well as
imposing a penaltyPage 274Current as at
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Authorised persons[s 236]for the offence,
order the person to comply with the documentproduction
requirement.Notauthorised—indicativeonly236Offence to contravene document
certificationrequirement(1)A
person of whom a document certification requirement hasbeenmademustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—50 penalty units.(2)It is a reasonable excuse for an
individual not to comply witha document
certification requirement if complying might tendtoincriminatetheindividualorexposetheindividualtoapenalty.(3)However,subsection
(2)doesnotapplyifthedocumentcertification
requirement relates to a document or informationthat
is required to be held or kept by the person under this Act.237Power to require information(1)Thissectionappliesifanauthorisedpersonreasonablybelieves—(a)an offence against this Act has been
committed; and(b)apersonmaybeabletogiveinformationabouttheoffence.(2)Theauthorisedpersonmay,bynoticegiventotheperson,require the person to give the authorised
person informationrelated to the offence at a stated
reasonable time and place.(3)Arequirementundersubsection (2)isaninformationrequirement.(4)Forinformationthatisanelectronicdocument,compliancewith the
information requirement requires the giving of a clearimage or written version of the electronic
document.(5)In this section—informationincludes a
document.Current as at [Not applicable]Page
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2011Chapter 10 Authorised persons[s
238]238Offence to contravene information
requirement(1)A person of whom an information
requirement is made mustcomplywiththerequirementunlessthepersonhasareasonable excuse.Maximum
penalty—50 penalty units.(2)Itisareasonableexcuseforanindividualnottogivetheinformationifgivingtheinformationmighttendtoincriminatetheindividualorexposetheindividualtoapenalty.Part 5Miscellaneous provisionsDivision 1Damage239Duty
to avoid inconvenience and minimise damageInexercisingapower,anauthorisedpersonmusttakeallreasonablestepstocauseaslittleinconvenience,anddoaslittle damage,
as possible.Note—See also section
241.240Notice of damage(1)This
section applies if—(a)anauthorisedpersondamagessomethingwhenexercising, or
purporting to exercise, a power; or(b)aperson(theassistant)actingunderthedirectionorauthority of an authorised person damages
something.(2)However, this section does not apply
to damage the authorisedpersonreasonablyconsidersistrivialoriftheauthorisedperson
reasonably believes—(a)there is no-one
apparently in possession of the thing; orPage 276Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 241](b)the
thing has been abandoned.(3)Theauthorisedperson
mustgivenoticeofthedamagetoaperson who
appears to the authorised person to be an owner,or
person in control, of the thing.(4)However, if for any reason it is not
practicable to comply withsubsection (3), the authorised person
must—(a)leavethenoticeattheplacewherethedamagehappened;
and(b)ensureitisleftinaconspicuouspositionandinareasonably secure way.(5)Theauthorisedpersonmaydelaycomplyingwithsubsection
(3)or(4)iftheauthorisedpersonreasonablysuspectscomplyingwiththesubsectionmayfrustrateorotherwise hinder the performance of the
authorised person’sfunctions.(6)The
delay may be only for so long as the authorised personcontinues to have the reasonable suspicion
and remains in thevicinity of the place.(7)If
the authorised person believes the damage was caused by alatent defect in the thing or circumstances
beyond the controlof the authorised person or the assistant,
the authorised personmay state the belief in the
notice.(8)The notice must state—(a)particulars of the damage; and(b)thatthepersonwhosufferedthedamagemayclaimcompensation
under section 241.Division 2Compensation241Compensation(1)A
person may claim compensation from the State if the personincurs loss because of the exercise, or
purported exercise, of apower by or for an authorised person
including a loss arisingCurrent as at [Not applicable]Page
277
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 10 Authorised persons[s
242]from compliance with a requirement made of
the person underthis chapter.(2)However, subsection (1) does not include
loss arising from alawful seizure.(3)Thecompensationmaybeclaimedandorderedinaproceeding—(a)brought in a court with jurisdiction for the
recovery ofthe amount of compensation claimed;
or(b)for an alleged offence against this
Act the investigationof which gave rise to the claim for
compensation.(4)A court may order the payment of
compensation only if it issatisfied it is just to make the order
in the circumstances of theparticular
case.(5)Inconsideringwhetheritisjusttoordercompensation,thecourt must have regard to any relevant
offence committed bythe claimant.(6)A
regulation may prescribe other matters that may, or must, betaken into account by the court when
considering whether it isjust to order compensation.(7)Section 239doesnotprovideforastatutoryrightofcompensation other than as is provided
by this section.(8)In this section—lossincludes costs and damage.Division 3Other offences
relating toauthorised persons242Giving authorised person false or misleading
information(1)Apersonmustnot,inrelationtotheadministrationofthisAct,giveanauthorisedpersoninformation,oradocumentcontaininginformation,thatthepersonknowsisfalseormisleading in a material particular.Page
278Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 10
Authorised persons[s 243]Maximum
penalty—1,665 penalty units.(2)Subsection (1) applies to information or a
document given inrelation to the administration of this Act
whether or not theinformation or document was given in
response to a specificpower under this Act.243Obstructing authorised person(1)A person must not obstruct an
authorised person, or someonehelping an
authorised person, exercising a power under thisAct
unless the person has a reasonable excuse.Maximum
penalty—165 penalty units.(2)If a person has
obstructed an authorised person, or someonehelpinganauthorisedperson,andtheauthorisedpersondecidestoproceedwiththeexerciseofthepower,theauthorised person must warn the person
that—(a)it is an offence to cause an
obstruction unless the personhas a reasonable
excuse; and(b)the authorised person considers the
person’s conduct anobstruction.(3)In
this section—obstructincludesassault,hinder,resist,attempttoobstructand threaten to
obstruct.244Impersonating authorised personA
person must not impersonate an authorised person.Maximum penalty—50 penalty units.Current as at [Not applicable]Page
279
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 11 Show cause notices and compliance
notices[s 245]Chapter 11Show
cause notices andcompliance noticesPart 1Preliminary245Definitions for chapterIn this
chapter—compliance noticesee section
248(1).prescribed provisionmeans—(a)section 38, 53(2), 54(2), 57(2) or
(3), 58(2), 60(2), (4)or(6),61(2)or(3),63(4),64(2),66(2),67(1),68(2),69(2), 72(1), 72A, 72X, 72Y(2), 72Z(2),
73A(2), 99Q(3),99ZB(3),99ZH(3),99ZM(1),101,103(1),104(1),107(1),108,109(1)or(2),112(2),141(3),149(1),152(2), 158(1) or (2), 173K(2), 301E or
301F; or(b)a provision of chapter 4, part 5,
division 5; or(c)a provision of a regulation prescribed
for the purpose ofthis paragraph.show cause
noticesee section 246(2).Part 2Show
cause notices246Giving show cause notice(1)This section applies if the chief
executive reasonably believesa person has
contravened a prescribed provision.(2)Beforegivingacompliancenoticeaboutthecontravention,thechiefexecutivemustgivethepersonanotice(ashowcausenotice)invitingthepersontoshowcausewhythecompliance
notice should not be given.Page 280Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 11 Show
cause notices and compliance notices[s 247](3)Despitesubsection
(2),thechiefexecutiveneednotgiveashow
cause notice if the chief executive reasonably considersit
is not appropriate in the circumstances to give the notice.Example—The chief
executive might not give a show cause notice if the chiefexecutive considers urgent action is
necessary to address a danger topublic health or
safety or giving the notice would be likely to adverselyaffect the effectiveness of the compliance
notice.247General requirements of show cause
notice(1)A show cause notice must—(a)be in writing; and(b)outline the facts and circumstances forming
the basis forthechiefexecutive’sbeliefthatacompliancenoticeshould be given to the person; and(c)statethatsubmissionsmaybemadeabouttheshowcause notice;
and(d)state how the submissions may be made;
and(e)state where the submissions may be
made or sent; and(f)stateaperiodwithinwhichthesubmissionsmustbemade.(2)The
period stated in the notice must end at least 14 businessdays
after the notice is given.Part 3Compliance
notices248Giving compliance notice(1)Ifthechiefexecutivereasonablybelievesapersonhascontravened,oriscontravening,aprescribedprovision,thechief executive may give a notice (acompliance notice) to thepersonrequiringthepersontodoeitherorbothofthefollowing—Current as at
[Not applicable]Page 281
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 11 Show cause notices and compliance
notices[s 249](a)to
refrain from contravening the prescribed provision;(b)toremedythecontraventioninthewaystatedinthenotice.(2)The compliance notice must include or
be accompanied by aninformationnoticeforthedecisiontogivethepersonacompliance notice.249Restriction on giving compliance
notice(1)Thissectionappliesifthechiefexecutivegivesapersonashowcausenoticeaboutacontraventionofaprescribedprovision.(2)The
chief executive may give the person a compliance noticeabout the contravention only if the chief
executive—(a)hasconsideredallsubmissionsmadebythepersonabout the show cause notice within the
period stated inthat notice; and(b)stillbelievesitisappropriatetogivethecompliancenotice.(3)Subsection (4)appliesifthecontraventionofaprescribedprovision is a
contravention of section 57(2) or (3).(4)The
chief executive may give the person a compliance noticeabout the contravention only if the chief
executive is satisfiedthat the waste disposal site where the
weighbridge is requiredto be installed is not planned to be
closed within 1 year afterthe requirement in section 57(2) or
(3) started to apply to theoperator of the
site.250General requirements of compliance
notices(1)A compliance notice must state the
following—(a)thatthechiefexecutivebelievesthepersonhascontravened or is contravening a prescribed
provision;(b)theparticularprescribedprovisionthechiefexecutivebelieves has been, or is being,
contravened;Page 282Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 11 Show
cause notices and compliance notices[s 251](c)briefly, how it is believed the
prescribed provision hasbeen, or is being, contravened;(d)ifthenoticerequiresthepersontorefrainfromcontraveningtheprescribedprovision—eitherofthefollowing—(i)a
period for which the requirement applies;(ii)ifthenoticerelatestoacontraventionofsection 107(1), 108, 109(1) or (2) or
146(2)—thatthe requirement applies until further
notice;(e)ifthenoticerequiresthepersontoremedythecontravention—thetimebywhichthepersonmustremedy the contravention;(f)thatitisanoffencetofailtocomplywiththecompliancenoticeunlessthepersonhasareasonableexcuse;(g)themaximumpenaltyforfailingtocomplywiththecompliance notice.(2)The
time under subsection (1)(e) must be reasonable havingregard to the action required to remedy the
contravention.(3)Thenoticemayalsostatethereasonablestepsthechiefexecutive
considers necessary to remedy the contravention, oravoid further contravention, of the
prescribed provision.(4)If the
compliance notice requires the person to do more than 1thing, it may state different periods within
which the thingsare required to be done.251Person must comply with noticeA
person who is given a compliance notice must comply withthe
notice unless the person has a reasonable excuse.Maximum penalty—(a)ifthecompliancenoticerelatestoacontraventionofsection 107(1), 108, or 109(1) or (2)—40
penalty units;orCurrent as at [Not applicable]Page
283
Waste
Reduction and Recycling Act 2011Chapter 12 Waste
audits[s 252](b)ifthecompliancenoticerelatestoacontraventionofsection 58(2) or (3)—200 penalty units;
or(c)otherwise—300 penalty units.Notauthorised—indicativeonlyChapter 12Waste
auditsPart 1Preliminary252Definitions for ch 12In this
chapter—recipientsee section
253(1).waste auditsee section
253(1).waste reportsee section
253(1).Part 2Chief executive
may requireconduct of waste audits253When
waste audit required(1)Ifthechiefexecutivereasonablysuspectsthatapersoniscontravening or has contravened a prescribed
provision, thechief executive may give the person
(therecipient) a
noticerequiring the person to commission an audit
of the matter (awaste audit), and to give a
report (awaste report) on the
auditto the chief executive, under this
chapter.(2)The notice must—(a)state the grounds on which the requirement
is made; and(b)outline the facts and circumstances
forming the basis forthe grounds; andPage 284Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 12 Waste
audits[s 254](c)state the scope of the waste audit;
and(d)state the day (at least a reasonable
period after the noticeisgiven)bywhichtherecipientmustgivethewastereport to the
chief executive.(3)The notice must include or be
accompanied by an informationnotice for the
decision to give the notice.(4)In
this section—prescribed provisionmeans section
56(2), 57(2) or (3), 58(2),60(2), (4) or
(6), 61(2) or (3), 67(1), 68(2), 69(2), 72(1), 72A,72X,
72Y(2), 72Z(2), 73A(2), 73B(1) or (2), 101, 104, 301E or301F.254Recipient must comply with noticeThe
recipient must comply with the notice unless the recipienthas
a reasonable excuse.Maximum penalty—300 penalty
units.Part 3Other
provisions255Who may conduct waste audit(1)The recipient must commission a
suitably qualified person toconduct the
waste audit.(2)Thepersoncommissionedbytherecipientmustbeindependent of the recipient and of
the premises to which thewaste audit relates.(3)In this section—suitably
qualified person, in relation to the conduct of a
wasteaudit,meansapersonwhohasthequalificationsandexperience appropriate for conducting the
audit.Current as at [Not applicable]Page
285
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 12 Waste audits[s 256]256Declarations to accompany waste
report(1)Awastereportgiventothechiefexecutivemustbeaccompanied by a statutory declaration
by the recipient andthe person who carried out the waste
audit.(2)The recipient’s declaration must be
made—(a)if the recipient is an individual—by
the recipient; or(b)if the recipient is a corporation—by
an executive officerof the corporation acting on the
corporation’s behalf.(3)The recipient’s
declaration must state that the recipient—(a)hasnotknowinglygivenanyfalseormisleadinginformationtothepersonwhocarriedoutthewasteaudit;
and(b)hasgivenallrelevantinformationtothepersonwhocarried out the waste audit.(4)A declaration by the person who
carried out the waste auditmust—(a)state his or her qualifications and
experience relevant tothe audit; and(b)statethatheorshehasnotknowinglyincludedanyfalse,misleadingorincompleteinformationinthereport; and(c)state that he or she has not knowingly
failed to revealanyrelevantinformationordocumenttothechiefexecutive;
and(d)certify that—(i)thereportaddressestherelevantmattersfortheaudit and is
factually correct; and(ii)theopinionsexpressedinitarehonestlyandreasonably held.Page 286Current as at [Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 12A Legal
proceedings[s 257]257Costs
of waste audit and reportThe recipient must bear the costs of
commissioning a wasteaudit and of the waste report.Notauthorised—indicativeonlyChapter 12ALegal
proceedings257AApplication of chapterThis
chapter applies to a legal proceeding under this Act.257BAppointments and authorityThefollowingmustbepresumedunlessapartytotheproceeding, by reasonable notice,
requires proof of it—(a)the chief
executive’s appointment;(b)an authorised
person’s appointment.257CSignaturesAsignaturepurportingtobethesignatureofthefollowingperson is evidence of the signature it
purports to be—(a)the chief executive;(b)an authorised person.257DEvidentiary provisions(1)Acertificatepurportingtobesignedbythechiefexecutiveandstatinganyofthefollowingmattersisevidenceofthematter—(a)on a
stated day a stated waste levy amount was payableby a
stated person;(b)on a stated day a stated person was
given a stated noticeor direction under this Act;Current as at [Not applicable]Page
287
Waste
Reduction and Recycling Act 2011Chapter 12A Legal
proceedings[s 257D]Notauthorised—indicativeonly(c)a stated amount
that is or was payable under this Act bya stated person
had or had not been paid by the personon a stated
day;(d)a stated document is a copy of a
document issued, given,received or kept by the chief
executive under this Act;(e)onastatedday,orduringastatedperiod,astatedpersonwasorwasnottheholderofanapproval,agreement, extension or other authority
given under thisAct;(f)onastatedday,orduringastatedperiod,astatedperson was or
was not the holder of an environmentalapprovalorotherauthoritygivenundertheEnvironmental Protection Act;(g)anapproval,agreement,extensionorotherauthoritygivenunderthisActoranenvironmentalapprovalorotherauthoritygivenundertheEnvironmentalProtection
Act—(i)was or was not issued or given for a
stated term;or(ii)was or was not
in force on a stated day or during astated period;
or(iii)was or was not
subject to a stated condition;(h)the
reasonable costs incurred by the chief executive ininvestigating and prosecuting an
offence.(2)In a proceeding for an offence against
this Act, the productionby the prosecutor of a certificate
purporting to be signed byanappropriatelyqualifiedperson(theanalyst)andstatingany of the
following matters is evidence of the matter stated inthe
certificate—(a)theanalystreceivedfromastatedpersonthesamplementioned in the
certificate;(b)the analyst analysed the sample on a
stated day and at astated place;(c)the
results of the analysis.Page 288Current as at
[Not applicable]
Notauthorised—indicativeonlyChapter 13Waste Reduction
and Recycling Act 2011Chapter 13 Court orders[s
258]Court orders258Court
may make particular orders(1)Thissectionappliesifacourtconvictsapersonofaprescribed offence.(2)The court may, on application by the
prosecution, make eitheror both of the following orders
against the defendant—(a)a rehabilitation
or restoration order;(b)a monetary
benefit order.(3)Subsection (4) applies if the court
finds that, because of theact or omission constituting the
offence, another person has—(a)sufferedareductioninthevalueof,ordamageto,property; or(b)incurredcostsorexpensesinreplacingorrepairingproperty, or in
preventing or minimising, or attemptingtopreventorminimise,areductionordamagementioned in
paragraph (a).(4)In addition to any order the court
makes under subsection (2),thecourtmay,onapplicationbytheprosecution,orderthedefendanttopaytotheotherpersonanamountofcompensationthecourtconsidersappropriateforthereduction or damage suffered, or costs
or expenses incurred.(5)An order under
this section must state the period within whichthe order must
be complied with.(6)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
any other law.(7)In this section—monetary benefit
ordermeans an order requiring the personagainstwhomitismadetopayanamounttothechiefexecutiverepresentinganyfinancialorotherbenefitthepersonhasreceivedbecauseoftheactoromissionconstituting the
offence in relation to which the order is made.Current as at
[Not applicable]Page 289
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 13 Court orders[s 259]prescribedoffencemeansanoffenceagainstsection53(2),57(2) or (3), 58(2), (3) or (4), 60(2), (4)
or (6), 61(2) or (3),69(2),72(1),73A(2),73B(1)or(2),101,104(1),158(1)or(2),173K(2),264(1)or(2),265(1),265A(2),296(1)or297(1).rehabilitation
or restoration ordermeans an order requiringthe
person against whom it is made to take stated action torehabilitateorrestorethelandthatwasadverselyaffectedbecauseoftheactoromissionconstitutingtheoffenceinrelation to which the order is made.259Court may order recovery of chief
executive’s costs(1)This section applies if a court
convicts a person of an offenceagainst this
Act.(2)The court may order the person to pay
an amount to the chiefexecutive representing the reasonable
costs the chief executiveincurred in investigating and
prosecuting the offence.260Chief executive
may take action and recover costs(1)This
section applies if a rehabilitation or restoration order ismade
against a person under section 258, and the person failsto
comply with the order within the period stated in the order.(2)Thechiefexecutivemaycarryoutworkortakeanyotheraction
reasonably necessary to fulfil the requirements of theorder.(3)Thecostsreasonablyincurredbythechiefexecutiveincarrying out work or taking other action
under subsection (2)are a debt payable by the person to
the chief executive.261Restraint of contraventions of Act
etc.(1)AproceedingmaybebroughtinaMagistrate’sCourtbyaprescribedpersonforanordertoremedyorrestrainanoffence against this Act, or a threatened or
anticipated offenceagainst this Act.Page 290Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 13 Court
orders[s 261](2)If
the court is satisfied—(a)an offence
against this Act has been committed (whetheror not it has
been prosecuted); or(b)anoffenceagainstthisActwillbecommittedunlessrestrained;thecourtmaymaketheordersitconsidersappropriatetoremedy or restrain the offence.(3)An order—(a)may
direct the person against whom the order is made(thedefendant)—(i)to stop an
activity that is or will be a contraventionof this Act;
or(ii)to do anything
required to comply with, or to ceasea contravention
of, this Act; and(b)may be in the terms the court
considers appropriate tosecure compliance with this Act;
and(c)mustspecifythetimebywhichtheorderistobecomplied with;
and(d)may include an order for the defendant
to pay the costsreasonably incurred by the chief executive
in monitoringthe defendant’s actions in relation to the
offence.(4)The court’s power to make an order to
stop an activity may beexercised whether or not—(a)it appears to the court the defendant
intends to engage,or to continue to engage, in the activity;
or(b)the defendant has previously engaged
in an activity ofthat kind.(5)The
court’s power to make an order to do anything may beexercised whether or not—(a)it appears to the court the defendant
intends to fail, or tocontinue to fail, to do the thing;
orCurrent as at [Not applicable]Page
291
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 13 Court orders[s 262](b)the defendant has previously failed to
do a thing of thatkind.(6)Without limiting the powers of the court,
the court may makean order—(a)restraining the use of plant or equipment or
a place; or(b)requiringthedemolitionorremovalofplantorequipment, a structure or another thing;
or(c)requiring the rehabilitation or
restoration of land.(7)The court’s
power under this section is in addition to its otherpowers.(8)Apersonmustnotcontraveneanordermadeunderthissection.Maximumpenalty—3,000penaltyunitsor2yearsimprisonment.(9)In
this section—prescribed person, in relation to
a proceeding, means—(a)the Minister;
or(b)the chief executive; or(c)someonewhoseinterestsareaffectedbythesubjectmatter of the
proceeding.262Power of court to make order pending
determination ofproceeding(1)Thissectionappliesifaproceedinghasbeenbroughtbyaperson in a
Magistrate’s Court under section 261 and the courthas
not decided the proceeding.(2)On
the person’s application, the court may make an order of akindmentionedinsection 261pendingitsdecidingtheproceedingifitissatisfieditwouldbepropertomaketheorder.(3)The
court’s power to make an order to stop an activity may beexercised whether or not—Page
292Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 14
Miscellaneous[s 263](a)it
appears to the court the person against whom the orderis
made intends to engage, or to continue to engage, inthe
activity; or(b)the person has previously engaged in
an activity of thatkind.(4)The
court’s power to make an order to do anything may beexercised whether or not—(a)it appears to the court the person
against whom the orderis made intends to fail, or to
continue to fail, to do thething; or(b)thepersonhaspreviouslyfailedtodoathingofthatkind.(5)The court’s power under this section
is in addition to its otherpowers.(6)Apersonmustnotcontraveneanordermadeunderthissection.Maximum penalty
for subsection (6)—3,000 penalty units or2 years
imprisonment.Chapter 14Miscellaneous263Delegation by chief executive(1)The chief executive may delegate the
chief executive’s powersunder this Act as the chief executive
to—(a)an appropriately qualified—(i)authorised person; or(ii)public service
officer; or(b)a local government.Current as at [Not applicable]Page
293
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 14 Miscellaneous[s 264](2)Adelegationofachiefexecutive’spowertoalocalgovernment may permit the subdelegation of
the power to anappropriately qualified entity.264General duties about documents or
records(1)Apersonmustnot,inrelationtotheadministrationofthisAct, keep,
produce or make use of a document or record thepersonknows,oroughtreasonablytoknow,containsinformation that is false or misleading in a
material particular.Maximum penalty—1,665 penalty
units.(2)A person who is required to keep a
document under this Actmust not, without a reasonable
excuse—(a)keep it as an incorrect document;
or(b)destroy, alter or damage it; or(c)give it to the chief executive or an
authorised person ifthe information contained in it is
incorrect or incompletein a material particular.Maximum penalty—1,000 penalty units.(3)However, if a person contravenes
subsection (1) or (2) withtheintenttoevadepaymentofthewastelevy,thepersonisliable to a maximum penalty of—(a)2 years imprisonment; or(b)whichever is the greater of the
following amounts—(i)2,000 penalty units;(ii)afinethatistwicethewastelevyamountthepayment of which the person sought to evade,
andtwice the amount of any interest payable in
relationto the failure to pay the waste levy amount
by thedue date for its payment.Page
294Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 14
Miscellaneous[s 265]265Giving chief executive false or misleading
information(1)A person must not, in relation to the
administration of this Act,give the chief
executive information the person knows is falseor misleading in
a material particular.Maximum penalty—1,665 penalty
units.(2)However,ifthepersongavetheinformationtothechiefexecutive with
the intent to evade payment of the waste levy,the person is
liable to a maximum penalty of—(a)2
years imprisonment; or(b)whichever is the
greater of the following amounts—(i)2,000 penalty units;(ii)afinethatistwicethewastelevyamountthepayment of which the person sought to evade,
andtwice the amount of any interest payable in
relationto the failure to pay the waste levy amount
by thedue date for its payment.(3)Subsection (1) applies to information
given in relation to theadministration of this Act whether or
not the information wasgiven in response to a specific power
under this Act.(4)Subsection (1) does not apply to a
person if the person, whengiving information in a
document—(a)tellsthechiefexecutive,tothebestoftheperson’sability, how the
document is false or misleading; and(b)if
the person has, or can reasonably obtain, the correctinformation—gives the correct
information.265AGiving chief executive incomplete
information(1)This section applies to a person who
is required under chapter3 to give a document to the chief
executive.(2)The person must not give the chief
executive a document thepersonknows,oroughtreasonablytoknow,containsincomplete information in a material
particular.Maximum penalty—1,665 penalty units.Current as at [Not applicable]Page
295
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 14 Miscellaneous[s 266](3)However,ifthepersongavethedocumenttothechiefexecutive with
the intent to evade payment of the waste levy,the person is
liable to a maximum penalty of—(a)2
years imprisonment; or(b)whichever is the
greater of the following amounts—(i)2,000 penalty units;(ii)afinethatistwicethewastelevyamountthepayment of which the person sought to evade,
andtwice the amount of any interest payable in
relationto the failure to pay the waste levy amount
by thedue date for its payment.(4)Subsection (2) does not apply to a
person if the person, whengiving document—(a)tellsthechiefexecutiveoftheextenttowhichthedocument is incomplete; and(b)ifthepersonhas,orcanreasonablyobtain,thecomplete information—gives the
information.(5)It is enough for a complaint for an
offence against subsection(2)tostatethepersonknew,oroughtreasonablytohaveknown,thedocumentwasincomplete,withoutspecifyingwhetherthepersonknewitwasincompleteorwhethertheperson ought reasonably to have known it was
incomplete.266Protection of officials from
liability(1)Anofficialdoesnotincurcivilliabilityforanactdone,oromissionmade,honestlyandwithoutnegligenceunderthisAct.(2)Ifsubsection
(1)preventsacivilliabilityattachingtoanofficial, the liability attaches
instead to the State.(3)This section
does not apply to an official if the official is aState employee within the meaning of
thePublic Service Act2008,
section 26B(4).(4)In this section—Page 296Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 14
Miscellaneous[s 267]officialmeans any of the following persons—(a)the Minister;(b)an
authorised person;(c)a person acting under the direction
of—(i)a person mentioned in paragraph (a) or
(b); or(ii)the chief
executive.267Summary proceedings for
offences(1)Proceedings for an offence against
this Act are to be taken in asummary way
under theJustices Act 1886.(2)A proceeding for an offence against
this Act must start—(a)within 1 year
after the commission of the offence; or(b)within1yearaftertheoffencecomestothecomplainant’s
knowledge, but within—(i)for an offence
against section 54—6 years after thecommission of
the offence; or(ii)otherwise—2yearsafterthecommissionoftheoffence.268Executive officer may be taken to have
committedoffence(1)Ifacorporationcommitsanoffenceagainstadeemedexecutiveliabilityprovision,eachexecutiveofficerofthecorporation is
taken to have also committed the offence if—(a)theofficerauthorisedorpermittedthecorporation’sconduct
constituting the offence; or(b)theofficerwas,directlyorindirectly,knowinglyconcerned in the corporation’s
conduct.(2)Theexecutiveofficermaybeproceededagainstfor,andconvictedof,theoffenceagainstthedeemedexecutiveCurrent as at [Not applicable]Page
297
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 14 Miscellaneous[s 269]liabilityprovisionwhetherornotthecorporationhasbeenproceeded
against for, or convicted of, the offence.(3)This
section does not affect either of the following—(a)the liability of the corporation for
the offence against thedeemed executive liability
provision;(b)the liability, under the Criminal
Code, chapter 2, of anyperson, whether or not the person is
an executive officerof the corporation, for the offence
against the deemedexecutive liability provision.(4)In this section—deemedexecutiveliabilityprovisionmeansanyofthefollowing provisions—•section 104(1)•section 158(1) or (2)•section 173K(2).269Application of Acts to local
governmentsThis Act, and for the purposes of this Act,
other Acts apply toa local government in the same way as they
apply to a bodycorporate.270Approval of formsThe chief
executive may approve forms for use under this Act.271Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)Without limiting subsection (1), a
regulation may provide forany of the following—(a)theremoval,collection,transport,deposit,storageordisposal of waste;Page 298Current as at [Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 14
Miscellaneous[s 271]Notauthorised—indicativeonly(b)settingstandards,controlsorproceduresforthemanufacture,generation,sale,use,transport,receival,storage, treatment or disposal of waste,
including for—(i)local government administration of
waste; or(ii)waste tracking;
or(iii)dealing with
polychlorinated biphenyls; or(iv)managing clinical and related waste;
or(v)used packaging materials; or(vi)storage,
disposal, receival or treatment of waste orequipment for
dealing with waste;(c)givingeffectto,andenforcingcompliancewith,anationalenvironmentprotectionmeasureunderalawforming part of a national
scheme;(d)supportingandimplementingnationalframeworks,objectivesandprioritiesforwastemanagementandresource recovery;(e)setting the amounts of performance payments
that maybe payable to entities and the efficiency
indicators andtargets relevant to eligibility for
payment.(f)therecyclingefficiencythresholdforrecyclingactivities;(g)theday,prescribedbyregulation,bywhichthechiefexecutive must
review the following—(i)the discounted
rate for the waste levy for residuewaste;(ii)therecyclingefficiencythresholdforrecyclingactivities;(iii)any
other matters mentioned in chapter 3, part 4 asbeing prescribed
by regulation.(3)A regulation may provide—(a)forfeespayableunderthisActandthemattersforwhich they are payable; andCurrent as at [Not applicable]Page
299
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 272](b)foramaximumpenaltyof20penaltyunitsforacontravention of
the regulation.(4)SubjecttotheNationalMeasurementAct1960(Cwlth),aregulationmayimposerequirementsforaweighbridgethatareadditionaltotherequirementsapplyingtotheweighbridgeunderanotherActorunderalawoftheCommonwealth.Chapter 15Transitional provisions forAct
No. 31 of 2011Part 1Transitional
provisions relatingto approvals under theEnvironmental
Protection(Waste Management)Regulation
2000272Interpretation for pt 1(1)In this part—commencementmeans the
commencement of this part.EnvironmentalProtectionActmeanstheEnvironmentalProtection Act
1994as in force before the commencement.existing approvalmeans an
existing general approval or anexisting
specific approval.existing general approvalmeans a general approval under therepealedprovisioninforceimmediatelybeforethecommencement.existing
specific approvalmeans a specific approval under therepealedprovisioninforceimmediatelybeforethecommencement.Page 300Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 273]repealedprovisionmeanstheEnvironmentalProtection(WasteManagement)Regulation2000,part6A,asinforcebefore the commencement.(2)In
this part, a reference to the Environmental Protection Act
inrelation to a right of review or appeal
includes, if the contextpermits, a reference to theEnvironmental Protection (WasteManagement) Regulation 2000,
part 7, division 3, as in forcebefore the
commencement.273Matters relating to existing
approvals(1)On the commencement an existing
approval is taken to be anapproval of the same type granted
under chapter 8 of this Act.(2)Subject to this Act, the existing approval
remains in force forthe remaining period of the
approval.(3)Subsection (4) applies in relation to
any transfer, amendment,cancellationorsuspensionofanexistingapproval(therelevantaction)theprocessforwhichhascommencedbuthasnotbeenfinalisedundertherepealedprovisionimmediately before the commencement.(4)The relevant action may continue under
the repealed provisionasifthisActhadnotbeenenactedandtheresultoftherelevant action applies to an existing
approval as an approvalunder chapter 8 of this Act.(5)However, the review and appeal rights
relating to the relevantactionundertheEnvironmentalProtectionActcontinuetoapply as if this Act had not been
enacted.274Applications for approvals made before
thecommencement(1)This
section applies to an application for an approval madeunder the repealed provision, but not
finally dealt with, beforethe commencement.(2)Theapplicationmaycontinuetobedealtwithundertherepealed provision as if this Act had not
been enacted.Current as at [Not applicable]Page
301
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 275](3)If
the approval is granted, it is taken to be an approval of
thesame type granted under chapter 8 of this
Act.(4)The review and appeal rights relating
to the application, or anapproval granted on the application,
under the EnvironmentalProtection Act continue to apply as if
this Act had not beenenacted.275Reviews and appeals(1)A
review or appeal under the Environmental Protection Actrelatingtoamatterundertherepealedprovisionthathasstarted but not been finalised before the
commencement maycontinue as if this Act had not been
enacted.(2)ArightofappealundertheEnvironmentalProtectionActrelating to a decision on a review mentioned
in subsection (1)continues as if this Act had not been
enacted.(3)If,immediatelybeforethecommencement,apersonhasaright of review or appeal under the
Environmental ProtectionAct relating to a matter under the
repealed provision, the rightcontinues as if
this Act had not been enacted.(4)On a
review or appeal mentioned in this part the reviewer orcourt may make any order necessary or
convenient to be madetoassistthetransitionofanapprovalundertherepealedprovision as an
approval under chapter 8 of this Act.276Offences(1)Proceedings for an offence against the
repealed provision maybecontinuedorstartedandtheprovisionsoftheEnvironmental Protection Act necessary
or convenient to beused in relation to the proceedings continue
to apply as if thisAct had not been enacted.(2)Forsubsection
(1),theActsInterpretationAct1954,section 20, applies, but does not limit the
subsection.Page 302Current as at
[Not applicable]
Part
2Waste Reduction and Recycling Act 2011Chapter 15 Transitional provisions for Act
No. 31 of 2011[s 277]Discounted levy
for residuewaste disposal until 30 June2014Notauthorised—indicativeonly277Definition for pt 2In
this part—residue wastemeans the waste
from a recycling activity that iscommonlydisposedoftolandfillaftertherecoverablecomponents have
been removed from material.Example of
residue waste—Inmetalrecycling,theresiduewasteisthemainlynon-metalcomponent that
results from recycling products such as motor vehicles,whitegoods, televisions and computers that
have reached the end oftheir useful life.278Application for discounting of waste levy
amount(1)Apersonwhoconductsarecyclingactivitymaymakeanapplication (aresidue waste
discounting application) askingthe chief
executive to approve a discounted rate for the wastelevy
to residue waste identified in the application.(2)The
application must be—(a)in the approved
form; and(b)supportedbyenoughinformationtoallowthechiefexecutive to
decide the application; and(c)accompanied by the fee prescribed under a
regulation.(3)This section does not limit section
38(4).279Chief executive may require additional
information(1)Thechiefexecutivemay,bynoticegiventotheapplicantwithin10businessdaysafterreceivingtheapplication,requiretheapplicantunderaresiduewastediscountingapplicationtogivethechiefexecutivefurtherreasonableCurrent as at
[Not applicable]Page 303
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 280]informationordocumentsabouttheapplicationbyareasonable date stated in the
notice.(2)The chief executive may refuse the
application if the applicantdoes not give
the chief executive the further information ordocuments by the
stated date, or a later date agreed betweenthechiefexecutiveandtheapplicant,withoutreasonableexcuse.(3)The applicant may, before the stated
date, agree with the chiefexecutive about extending the time for
providing the furtherinformation.280Deciding application(1)The
chief executive must decide either to grant or refuse theapplicationwithin10businessdaysafterthelaterofthefollowing days—(a)the
day the chief executive receives the application;(b)ifadditionalinformationisrequestedundersection 279—thedaythechiefexecutivereceivestheinformation.(2)A
failure to make a decision under this section is taken to be
adecision by the chief executive to refuse
the application.(3)Indecidingwhethertogranttheapplication,thechiefexecutive must
consider the following—(a)the objects of
this Act;(b)the information included in the
application;(c)anycriteriaprescribedunderaregulation(theresiduewaste discounted
levy rate criteria).(4)The residue
waste discounted levy rate criteria must include,foreachtypeofresiduewaste,aresiduewasteefficiencythreshold
requirement to be met by the applicant.Page 304Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 281]281Grant of application(1)Ifthechiefexecutivegrantstheapplication,thechiefexecutivemust,within5businessdays,givetheapplicantnotice of the
grant stating the following—(a)the
application has been granted;(b)the
discounted rate of waste levy that is to apply to theresidue waste the subject of the
application, which mustbe the discounted rate prescribed
under a regulation forthe residue waste;(c)the
period of the approval, which must not exceed 1 yearand
must not apply after 30 June 2014;(d)any
conditions imposed on the approval.(2)Also,ifthechiefexecutiveimposesanyconditionsontheapproval,thenoticemustincludeorbeaccompaniedbyaninformation notice for the decision to
impose the conditions.(3)However,
subsection (2) does not apply to a condition that isthe
same, or substantially the same, as a condition agreed to orasked for by the applicant.282Refusal of applicationIfthechiefexecutivedecidestorefusetheapplication,thechiefexecutivemust,within5businessdays,givetheapplicant an information notice for the
decision.283Cancellation of grant(1)Thissectionappliesifthechiefexecutivehasgrantedaresidue waste discounting
application.(2)The chief executive may cancel the
grant of the application ifthe chief
executive considers there are reasonable grounds tocancel it.(3)Without limiting subsection (2), grounds may
include—Current as at [Not applicable]Page
305
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 284](a)that
there is a reasonable suspicion that the applicationwasgrantedbecauseofafalseormisleadingrepresentation
or declaration; or(b)that the circumstances that were
relevant to the grantingof the application have changed;
or(c)thattheconditionsincludedinthegrantingoftheapplication have
not been complied with; or(d)that it is
desirable to cancel the grant having regard tothe objects of
this Act.284Procedure for cancelling grant of
residue wastediscounting application(1)This
section applies if the chief executive proposes to cancelthe
grant of a residue waste discounting application.(2)The chief executive must give notice
to the holder of the grant.(3)The
notice must state the following—(a)that
the chief executive proposes to cancel the grant ofthe
application;(b)the grounds for the proposed
cancellation;(c)the facts and circumstances that form
the basis for thegrounds;(d)whentheproposedcancellationisintendedtotakeeffect;(e)that the holder may make, within a
stated period, writtensubmissionstoshowwhytheproposedcancellationshould not be
carried out.(4)The stated period must end at least 15
business days after theholder is given the notice.(5)Thechiefexecutivemustconsideranysubmissionsmadeunder subsection (3)(e) within the stated
period.(6)Ifthechiefexecutivedecidestocancelthegrantoftheapplication, the chief executive must,
within 10 business daysPage 306Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 285]aftermakingthedecision,givetheholderofthegrantaninformation notice for the decision.(7)Thedecisiontakeseffectwhentheinformationnoticeisgiven.Notauthorised—indicativeonly285Automatic cancellation of grantThegrantofaresiduewastediscountingapplicationisautomaticallycancelledifthebusinessofconductingarecycling activity that was relevant to the
application ceases tobeinthegrantholder’sownership,including,forexample,becausethebusinessistransferredintotheownershipofanother entity.Part 3Exemption from waste levy forresidue waste until 30 June2014286Definition for pt
3In this part—transitionperiodmeanstheperiodstartingon1December2011
and ending on 30 June 2014.287Application for
approval of residue waste as exemptwaste for
transition period(1)An entity that conducts a recycling
activity may, not later than30June2012,makeanapplication(atransitionperiodexemptresiduewasteapplication)tothechiefexecutiveaskingthechiefexecutivetoapprovethatresiduewasteidentified in the application is exempt
waste in the transitionperiod.(2)A
transition period exempt residue waste application must beanapplicationforanapprovalhavingeffectforaperiodending not later
than 30 June 2014.Current as at [Not applicable]Page
307
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 288](3)The
application must—(a)be in the approved form; and(b)state the name, location and
activities of the applicant’sfacilities that
produce residue waste; and(c)state the amount
and type of residue waste the subject oftheapplicationthatisexpectedtobeproducedintheperiod for which the approval is to
have effect; and(d)include information that shows the
following—(i)conduct of a recycling activity by the
applicant onor before 1 December 2011;(ii)thattheapplicantmeetsanyresiduewasteefficiency threshold requirements under the
residuewaste discounted levy rate criteria;(iii)thatpaymentofthewastelevyontheresiduewaste, even at the discounted rate available
underpart 2, would cause the applicant financial
hardshiptoanextentthatwouldstopitsbusinessfromoperating;(iv)theapplicanthasputmeasuresinplacetoprogressivelyminimisetheamountofitsresiduewaste
generation.288Chief executive may require additional
information(1)The chief executive may, by notice,
require the applicant togivethechiefexecutivefurtherreasonableinformationordocuments about the application.(2)The chief executive may refuse the
application if the applicantdoes not give
the chief executive the further information ordocuments,
without reasonable excuse.Page 308Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 289]289Deciding application(1)The chief executive must decide either
to grant or refuse theapplicationwithinatimethatisreasonableinthecircumstances.(2)A
failure to make a decision under this section is taken to be
adecision by the chief executive to refuse
the application.(3)Indecidingwhethertogranttheapplication,thechiefexecutive must
consider the following—(a)the objects of
this Act;(b)the information included in the
application;(c)whetheradequatemeasureshavebeenputinplacetoprogressivelyminimisetheamountoftheapplicant’sresidue waste
generation.(4)Also,thechiefexecutivemayconsultwithanyexpertreference group
or other entity the chief executive considerssuitable to
provide advice in relation to financial hardship.(5)In deciding to grant the application,
the chief executive mustbe satisfied of the following—(a)conductofarecyclingactivitybytheapplicantonorbefore 1
December 2011;(b)thattheapplicantmeetsanyresiduewasteefficiencythresholdrequirementsundertheresiduewastediscounted levy rate criteria;(c)thatpaymentofthewastelevyontheresiduewaste,even
at the discounted rate available under part 2, wouldcause the applicant financial hardship to an
extent thatwould stop its business from
operating.290Grant of application(1)Ifthechiefexecutivegrantstheapplication,thechiefexecutive must
give the applicant notice of the grant statingthe
following—(a)the application has been
granted;Current as at [Not applicable]Page
309
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 291](b)the
period, which must end on or before the end of thetransition period, for which the residue
waste identifiedin the application is approved to be exempt
waste;(c)any conditions imposed on the approval
including anylimitsonthetypesandamountsofresiduewastethatmaybedisposedofasexemptwasteintheperiodmentioned in paragraph (b).(2)Also,ifthechiefexecutiveimposesanyconditionsontheapproval,thenoticemustincludeorbeaccompaniedbyaninformation notice for the decision to
impose the conditions.(3)However,
subsection (2) does not apply to a condition that isthe
same, or substantially the same, as a condition agreed to orasked for by the applicant.291Refusal of applicationIfthechiefexecutivedecidestorefusetheapplication,thechief executive must give the applicant an
information noticefor the decision.292Cancellation of grant(1)Thissectionappliesifthechiefexecutivehasgrantedatransition period exempt residue waste
application.(2)The chief executive may cancel the
grant of the application ifthe chief
executive considers there are reasonable grounds tocancel it.(3)Without limiting subsection (2), grounds may
include—(a)that there is a reasonable suspicion
that the applicationwasgrantedbecauseofafalseormisleadingrepresentation
or declaration; or(b)that the circumstances that were
relevant to the grantingof the application have changed;
or(c)that the limits or conditions included
in the granting ofthe application have not been complied with;
orPage 310Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 293](d)that it is desirable to cancel the
grant having regard tothe objects of the Act.293Procedure for cancelling grant of
transition periodexempt waste application(1)This
section applies if the chief executive proposes to cancelthegrantofatransitionperiodexemptresiduewasteapplication.(2)The
chief executive must give notice to the holder of the grant.(3)The notice must state the
following—(a)that the chief executive proposes to
cancel the grant ofthe application;(b)the
grounds for the proposed cancellation;(c)the
facts and circumstances that form the basis for thegrounds;(d)whentheproposedcancellationisintendedtotakeeffect;(e)that the holder may make, within a
stated period, writtensubmissionstoshowwhytheproposedcancellationshould not be
taken.(4)The stated period must end at least 15
business days after theholder is given the notice.(5)Thechiefexecutivemustconsideranysubmissionsmadeunder subsection (3)(e) within the stated
period.(6)Ifthechiefexecutivedecidestocancelthegrantoftheapplication, the chief executive must,
within 10 business daysaftermakingthedecisiongivetheholderofthegrantaninformation notice for the decision.(7)Thedecisiontakeseffectwhentheinformationnoticeisgiven.Current as at
[Not applicable]Page 311
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 294]294Automatic cancellation of grantThegrantofatransitionperiodexemptresiduewasteapplicationisautomaticallycancelledifthebusinessofconductingarecyclingactivitythatwasrelevanttotheapplicationceasestobeinthegrantholder’sownership,including,forexample,becausethebusinessistransferredinto the
ownership of another entity.Part 4General provisions295Existing waste management strategy and
business plan(1)The document in existence as a
document of the departmentimmediatelybeforethecommencementofthissectionandknownasQueensland’sWasteReductionandRecyclingStrategy
2010–2020—(a)istakentobetheState’sfirstwastemanagementstrategy under
this Act; and(b)has effect as if it had been made
under this Act on thecommencement of this section.(2)The document in existence as a
document of the departmentimmediatelybeforethecommencementofthissectionandknownastheBusinessPlanforQueensland’sWasteReduction and Recycling Strategy
2010–2020—(a)is taken to be the State’s first WMS
business plan underthis Act; and(b)has
effect as if it had been made under this Act on thecommencement of this section.296Volumetric survey of levyable waste
disposal site beforewaste levy commencement(1)The
operator of a levyable waste disposal site located withinthewastelevyzonemust,incompliancewiththerequirements stated in this
section—Page 312Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 296](a)within the period of 14 days
immediately preceding 1December2011,ensurethatavolumetricsurveyiscarried out for—(i)each
active landfill cell at the site; and(ii)all
stockpiled waste at the site; and(b)before the end December 2011, give the chief
executivea copy of the results of the survey in the
approved form.Maximum penalty—200 penalty units.(2)The volumetric survey must be
performed in compliance withthe requirements
prescribed under a regulation.(3)The
results of the volumetric survey must—(a)be
in electronic form; and(b)includeatopographicalplancomplyingwithspecifications advised by the chief
executive; and(c)include advice of the
following—(i)the area of the levyable waste
disposal site;(ii)the site’s
landfill capacity;(iii)the stockpiles
of waste on the site; and(d)becertifiedasaccuratebyasurveyorundertheSurveyors Act 2003.(4)The operator of the levyable waste
disposal site must ensurethat a copy of the results of the
volumetric survey is kept as adocumentinhardcopyformatthelevyablewastedisposalsite for 5 years
after the survey is performed.Maximum
penalty—200 penalty units.(5)Subsections
(6)and(7)applyiftheoperatorofalevyablewaste disposal site fails to comply with
subsection (1).(6)The chief executive may arrange for
the volumetric survey tobe carried out at the site and for
that purpose may direct anauthorised person to enter the site
and carry out the survey.Current as at [Not applicable]Page
313
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15 Transitional provisions for Act No.
31 of 2011[s 297](7)The
chief executive may recover the cost of the survey fromthe
operator as a debt payable by the operator to the State.297Volumetric survey of resource recovery
area beforewaste levy commencement(1)Theentityhavingresponsibilityfortheoperationofaresourcerecoveryareamust,incompliancewiththerequirements stated in this
section—(a)within the period of 14 days
immediately preceding 1December2011,ensurethatavolumetricsurveyiscarried out for all stockpiled waste
on the area; and(b)before the end December 2011, give the
chief executivea copy of the results of the survey in the
approved form.Maximum penalty—200 penalty units.(2)The volumetric survey must be
performed in compliance withthe requirements
prescribed under a regulation.(3)The
results of the volumetric survey must—(a)be
in electronic form; and(b)includeatopographicalplancomplyingwithspecifications advised by the chief
executive; and(c)include advice of the
following—(i)the area of the resource recovery
area;(ii)the stockpiles
of waste on the area; and(d)becertifiedasaccuratebyasurveyorundertheSurveyors Act 2003.(4)The entity having responsibility for a
resource recovery areamust ensure that a copy of the results
of the volumetric surveyis kept as a document in hard copy
form at the levyable wastedisposalsitewhoseoperatordeclaredtheresourcerecoveryarea
for 5 years after the survey is performed.Maximum
penalty—200 penalty units.Page 314Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 298](5)Subsections (6)and(7)applyiftheentityhavingresponsibilityforaresourcerecoveryareafailstocomplywith subsection
(1).(6)The chief executive may arrange for
the volumetric survey tobecarriedoutattheresourcerecoveryareaandforthatpurpose may
direct an authorised person to enter the resourcerecovery area and carry out the
survey.(7)The chief executive may recover the
cost of the survey fromthe entity as a debt payable by the
entity to the State.298Temporary relaxation from s 45(2)
requirements for smallsiteUntil 30 June
2014, the operator of a small site is not requiredto
comply with the requirement of section 45(2) to measureand
record waste in compliance with the weight measurementcriteria prescribed under a regulation if
all of the followingapply—(a)the
operator has, before 1 December 2011, notified thechief executive of a proposed alternative
methodologyfor measuring and recording waste at the
site;(b)the notification to the chief
executive identifies the smallsiteandincludesdetailsoftheproposedalternativemethodology;(c)theproposedalternativemethodologyenablestheoperator to fairly calculate the total
waste levy amountowingtothechiefexecutiveonwastedelivered,ormoved from stockpile to landfill, at the
site;(d)theoperatorisimplementingthealternativemethodology in
accordance with its terms.299Offences against
repealed littering provisions(1)Proceedingsforanoffenceagainstanyoftherepealedlitteringprovisionsmaybecontinuedorstarted,andtheprovisions of the Environmental
Protection Act and theStatePenalties
Enforcement Act 1999necessary or convenient to beCurrent as at [Not applicable]Page
315
Waste
Reduction and Recycling Act 2011Chapter 15
Transitional provisions for Act No. 31 of 2011[s 300]used
in relation to the proceedings continue to apply, as if thisAct
had not been enacted.(2)Forsubsection (1),theActsInterpretationAct1954,section 20, applies, but does not limit the
subsection.Notauthorised—indicativeonly300Existing
strategic plans under repealed wastemanagement
policy(1)For1yearafterthecommencementofthissection,part7,division 1 of the repealed waste management
policy, and anywastemanagementstrategicplaninforceforalocalgovernment area
under the repealed policy, continues to haveeffect as if
this Act had not been enacted.(2)Subsection (1) has effect in a local
government area other thaninrelationtoanyaspectofwastemanagementinthelocalgovernment area
that is the subject of a waste reduction andrecycling plan
that comes into force under this Act.(3)For1yearafterthecommencementofthissection,part7,division 2 of the repealed waste management
policy, and anystrategic plan for managing a department’s
waste in force for adepartment under the repealed policy,
continues to have effectas if this Act had not been
enacted.(4)Subsection (3)haseffectforadepartmentotherthaninrelationtoanyaspectofwastemanagementforthedepartmentthatisthesubjectofawastereductionandrecycling plan that comes into force under
this Act.301Clinical and related waste management
plan(1)This section applies if—(a)immediately before the commencement of
this section,therewasinforceforanentityaclinicalandrelatedwastemanagementplan(theclinicalplan)undertheEnvironmentalProtection(WasteManagement)Regulation
2000, part 5, division 1; and(b)the entity is a planning entity under
this Act.Page 316Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 15A
Validation and transitional provisions for Waste Reduction and
Recycling andOther Legislation Amendment Act 2013[s
301A](2)Unlesstheentitysooneradoptsawastereductionandrecycling plan under this Act, the
clinical plan has effect as awaste reduction
and recycling plan for the entity as if it hadbeen adopted by
the entity in compliance with this Act.Notauthorised—indicativeonlyChapter 15AValidation and
transitionalprovisions for WasteReduction and
Recyclingand Other LegislationAmendment Act
2013Part 1Preliminary301ADefinitions for ch 15AIn this
chapter—commencementmeans the
commencement of this section.levyable waste
disposal sitemeans a levyable waste disposalsite
under the unamended Act, section 27.resource
recovery areameans a resource recovery area underthe
unamended Act, section 61.unamendedActmeansthisActasinforcebeforethecommencement.WasteandEnvironmentFundmeanstheWasteandEnvironment Fund under the unamended Act,
schedule.waste levymeans the waste
levy under the unamended Act,section
37.wastelevyamountmeansawastelevyamountundertheunamended Act, section 26.Current as at [Not applicable]Page
317
Waste
Reduction and Recycling Act 2011Chapter 15A
Validation and transitional provisions for Waste Reduction and
Recycling andOther Legislation Amendment Act 2013[s
301B]Part 2Validation
provisionNotauthorised—indicativeonly301BValidation of
repeal of waste levy on 1 July 2012(1)ItisdeclaredthattheamendmentsmadebytheWasteReduction and Recycling Amendment Regulation
(No. 1) 2012to repeal the waste levy on 1 July 2012 are
taken to be, and toalwaysbeen,asvalidastheywouldhavebeeniftheamendments had
been made by this Act.(2)Despite anything
else in this Act or any regulation made underthis Act, for
the period starting on 1 July 2012 and ending onthe
commencement of this section, no waste levy is or waspayable by the operator of a levyable waste
disposal site inrelation to any type of waste.Part
3Transitional provisions301COperator of levyable waste disposal site to
keepdocumentsSection
53,asinforceimmediatelybeforethecommencement, continues to apply,
after the commencement,to a person who was an operator of a
levyable waste disposalsite before the commencement in
relation to the keeping ofdocuments mentioned in the
section.301DEstimation of waste levy amount
payable(1)The chief executive may take action or
continue to take actionundersection
60,asinforceimmediatelybeforethecommencement—(a)ifthecircumstancesmentionedinsection 60(1)inrelationtothepaymentofthewastelevyandthecalculationofthewastelevyamountpayablebytheoperator of a
levyable waste disposal site for a particularperiod apply;
andPage 318Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 15A
Validation and transitional provisions for Waste Reduction and
Recycling andOther Legislation Amendment Act 2013[s
301E](b)despite the repeal of section
60.(2)Subsection (1) applies until 1 July
2018.Notauthorised—indicativeonly301EKeeping of particular documents in
relation to resourcerecovery areasDespitetherepealofsection 65,anentityhavingresponsibilityfortheoperationofaresourcerecoveryareabeforethecommencementmustkeepthefollowingdocumentsrelatingtotheareaforatleast5yearsafterthehappening of the event
recorded—(a)any document that records waste
delivered to the area,including its measurements;(b)any document that records waste
removed from the area,including its destination and its
measurements;(c)any document that records any other
event for the areaas prescribed under a regulation.Maximum penalty—300 penalty units.301FKeeping of results of volumetric
survey for resourcerecovery areaDespitetherepealofsection 66,theentityhavingresponsibilityforaresourcerecoveryareabeforethecommencement must ensure that a copy
of the results of anyvolumetric survey performed under that
section for the area iskept as a document in hard copy or
electronic form, at the sitewhose operator
made the declaration of the area as a resourcerecovery area,
for 5 years after the survey is performed.Maximum
penalty—200 penalty units.301GWaste levy
amounts and the Waste and EnvironmentFund(1)Any transactions in relation to waste
levy amounts that, beforethecommencement,wouldhavebeenmanagedthroughtheWasteandEnvironmentFundaretobemanagedaftertheCurrent as at [Not applicable]Page
319
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 15A Validation and transitional
provisions for Waste Reduction and Recycling andOther
Legislation Amendment Act 2013[s 301H]commencementthroughthedepartmentalaccountsofthedepartment.(2)In
this section—departmentalaccounts,ofthedepartment,meanstheaccounts of the department under
theFinancial AccountabilityAct 2009,
section 69.301HDiscounted levy and waste levy
exemptionChapter 15, parts 2 and 3 are taken to have
had effect onlyuntil 30 June 2012.301IExisting strategic plans under repealed
wastemanagement policy(1)This
section applies despite section 300.(2)Section 300(1)and(2)continuesineffectuntilawastereduction and
recycling plan under section 123 is adopted bythe local
government.(3)Section 300(3)and(4)continuesineffectuntilawastereduction and
recycling plan under section 133 is adopted bythe chief
executive officer of a State entity.301JClinical and related waste management
plansDespitesection
301(2),theplanningentitytowhichsection
301appliesmust,bythedayprescribedunderaregulation, have a new waste reduction
and recycling plan thatcomplies with chapter 6.Page
320Current as at [Not applicable]
Chapter 16Waste Reduction
and Recycling Act 2011Chapter 16 Other transitional
provisions[s 302]Other
transitionalprovisionsNotauthorised—indicativeonlyPart
1Transitional provisions forEnvironmental Protection andOther Legislation AmendmentAct
2014302Definitions for ch 16In
this chapter—amending Actmeans theEnvironmental Protection and OtherLegislation Amendment Act 2014.former Actmeans this Act
as in force immediately before thecommencement.general
approvalmeans a general approval under the
formerAct.specific
approvalmeans a specific approval under the
formerAct.303Existing general
approvals(1)This section applies to a general
approval that was in forceimmediately before the
commencement.(2)The general approval continues in
force for its term providedfor under the
former Act.(3)Despite the replacement of chapter 8
under the amending Act,thefollowingprovisionsasinforceundertheformerActcontinue to apply for the general
approval—(a)chapter 8, part 5;(b)chapter 8, part 6, division 2 to the extent
it provides forthe cancellation or suspension of an
approval;Current as at [Not applicable]Page
321
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 16 Other transitional
provisions[s 304](c)chapters 9, 10, 11 and 14 to the extent they
relate to ageneral approval.(4)Subsection (5) applies if—(a)an end of waste code is made;
and(b)theendofwastecoderelatestoaparticularwasteorresource to which the general approval
relates.(5)The general approval ends on the later
of the following days—(a)the day before
the end of waste code takes effect;(b)a
later day fixed by the chief executive for that purposeby
notice published on the department’s website.(6)A
person who is registered under a general approval that endsis
taken to be a registered resource producer from the day onwhich the approval ends.(7)Section 158 does not apply to a person who
was carrying outanactivityinaccordancewithageneralapprovalthatendsuntil 1 year after the general approval
ends.(8)However, subsection (3) continues to
apply as if the generalapproval has not ended under
subsection (5).304Existing specific approvals(1)Thissectionappliesif,immediatelybeforethecommencement,apersonwastheholderofaspecificapproval under
the former Act.(2)Despite the replacement of chapter 8
under the amending Act,chapter 8, part 5 of the former Act
continues to apply to thespecific approval.(3)From
the commencement, the specific approval is taken to bean
end of waste approval for the particular resource or wasteto
which the specific approval relates.Page 322Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 305]305Existing applications(1)This
section applies to any of the following applications madeundertheformerActbutnotdecidedbeforethecommencement—(a)anapplicationforageneralapprovalorspecificapproval;(b)an application for an amendment or
transfer of a generalapproval or specific approval.(2)On the commencement, the application
lapses.306Existing show cause procedure(1)This section applies if, before the
commencement—(a)thechiefexecutivegaveapersonoperatingunderageneral approval, or the holder of a
specific approval, ashowcausenoticeundertheformerAct,section246;and(b)thechiefexecutivehadnot decidedwhetherornottogive
the person a compliance notice.(2)The
chief executive must decide under the former Act whetheror
not to give the person a compliance notice.Part 2Transitional provisions forWaste Reduction andRecycling
Amendment Act2017307Retailer must offer alternative shopping bag
duringphase out period(1)This
section applies if, during the phase out period, a personasks
a retailer for an alternative shopping bag to use to carrygoods that the retailer sells from the
retailer’s premises.Current as at [Not applicable]Page
323
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 16 Other transitional
provisions[s 308](2)The
retailer must offer to give or sell the person an
alternativeshopping bag.Maximum
penalty—50 penalty units.(3)In this
section—phaseoutperiodmeanstheperiodthatstartsonthecommencement and ends on 30 June
2018.Editor’s note—Section 307 is
an uncommenced amendment—see 2017 Act No. 31 s34.308Transition period for displaying
refund marking onbeverage containers(1)Amanufacturerofabeverageproductdoesnotcommitanoffenceagainstsection99P(2)if,beforethemanufacturetransition day,
the manufacturer sells a beverage product in acontainer that
does not display the refund marking.(2)Also, a person does not commit an offence
against a provisionof chapter 4, part 3B if, before the
collection transition day,the person does any of the following
things in relation to acontainer that does not display the
refund marking—(a)claims a refund amount for the
container at a containerrefund point, including a reverse
vending machine;(b)accepts the container and pays a
refund amount for thecontainer;(c)allowsareversevendingmachinetoacceptthecontaineranddispensearefundamountforthecontainer;(d)claimsarecoveryamountforthecontainerfromtheOrganisation;(e)makesadeclarationinanapprovedformaboutthecontainer displaying a refund
marking.(3)In this section—Page 324Current as at [Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 309]collection
transition daymeans the day that is 6 months afterthe
manufacture transition day.manufacturetransitiondaymeanstheday,prescribedbyregulation,thatisatleast1yearafterthedayaregulationprescribingtherequirementsfortherefundmarkingmadeunder section
99K, definitionrefund markingcommences.Notauthorised—indicativeonlyPart
3Transitional provisions forWaste Reduction andRecycling (Waste
Levy) andOther Legislation AmendmentAct
2018Division 1Exemption from
waste levy forresidue waste until 30 June 2022309Definitions for divisionIn
this division—CairnsBedminsterfacilitymeansthefacilityinCairnsformechanical biological treatment using
Bedminster technologytosortnon-organicmaterialsfrommixedsolidwasteandcomposttheremainingorganicmaterialthroughdrumcomposting and
maturation.construction and demolition wastemeans waste generated asa result of
carrying out building work within the meaning ofthe
Building Act 1975, section 5.material
recovery facilitymeansafacilityforconductingarecycling activity that comprises sorting
any waste other thanconstruction and demolition waste, and
preparing recyclablewaste for marketing to users.qualifying periodmeanstheperiodstartingon1July2018and ending on
the commencement.Current as at [Not applicable]Page
325
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 16 Other transitional
provisions[s 310]transition
periodmeans—(a)fortheCairnsBedminsterfacility—theperiodstartingon the
commencement and ending on 30 June 2026; or(b)otherwise—theperiodstartingonthecommencementand ending on 30
June 2022.transitionperiodexemptresiduewasteapplicationseesection 310(1).310Application for approval of residue waste as
exemptwaste for transition period(1)Anentitythatconductedarecyclingactivityduringthequalifyingperiodmayapplytothechiefexecutiveforanapprovalthatresiduewasteidentifiedintheapplication(atransitionperiodexemptresiduewasteapplication)isexempt waste for the transition
period.(2)For an application relating to a
material recovery facility, theapplication
must—(a)be made on or before 30 June 2019;
and(b)be in the approved form; and(c)be supported by enough information to
allow the chiefexecutive to decide the application,
including evidencethat the applicant conducted a recycling
activity duringthe qualifying period.(3)For
an application relating to the Cairns Bedminster facility,the
application must—(a)be in the approved form; and(b)be supported by enough information to
allow the chiefexecutive to decide the application.(4)For an application not mentioned in
subsection (2) or (3), theapplication must—(a)be
made on or before 30 June 2019; and(b)be
in the approved form; andPage 326Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 311](c)be
supported by enough information to allow the chiefexecutive to decide the application,
including evidencethat—(i)the
applicant conducted a recycling activity duringthe qualifying
period; and(ii)paymentofthewastelevyontheresiduewastefrom
the applicant’s recycling activity would causetheapplicantfinancialhardshiptoanextentthatwould stop its business from
operating.311Chief executive may require additional
information ordocuments(1)Within28daysafterreceivingatransitionperiodexemptresidue waste
application, the chief executive may, by noticegiven to the
applicant, require the applicant to give the chiefexecutive further reasonable information or
documents aboutthe application by a reasonable day stated
in the notice.(2)The application is taken to be
withdrawn if the applicant doesnotgivethechiefexecutivethefurtherinformationordocuments by the stated day.312Deciding application(1)The chief executive must decide either
to grant or to refuse atransitionperiodexemptresiduewasteapplicationwithinaperiod that is reasonable in the
circumstances.(2)In deciding the application, the chief
executive must considerthe following—(a)the
objects of this Act;(b)the information
included in the application;(c)whetheradequatemeasureswillbeimplementedtoprogressivelyminimisetheamountoftheapplicant’sresidue waste
generation;Current as at [Not applicable]Page
327
Waste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 312]Notauthorised—indicativeonly(d)whetheradequatemeasureswillbeimplementedtoensure the applicant will be able to keep
conducting therecycling activity after the transition
period ends;(e)the applicant’s history of compliance
with this Act andthe Environmental Protection Act, including
whether theapplicant holds any licences, environmental
authoritiesor other approvals for conducting the
recycling activity.(3)Also, the chief executive may consult
with any expert referencegroup or other entity the chief
executive considers suitable toprovide advice
in relation to financial hardship.(4)Thechiefexecutivemustnotgranttheapplicationunlesssatisfiedtheapplicantconductedarecyclingactivityduringthe qualifying
period and—(a)for a material recovery
facility—(i)the applicant’s performance history
achieves as aminimum the recycling efficiency threshold;
or(ii)thestrategiesorpracticesproposedintheapplication to
progressively improve the efficiencyof the
applicant’s recycling activity will enable theapplicanttoachieveasaminimumtherecyclingefficiencythresholdduringtheperiodoftheexemption; or(b)for
the Cairns Bedminster facility—the applicant will beabletoachieveasaminimumtherecyclingefficiencythreshold;
or(c)for any other applicant—payment of the
waste levy ontheresiduewastefromtherecyclingactivitywouldcause the
applicant financial hardship to an extent thatwould stop its
business from operating.(5)However,subsection(4)(a)doesnotapplyforamaterialrecovery
facility if the chief executive is satisfied that—(a)it is not reasonably practical for the
applicant to achieveas a minimum the recycling efficiency
threshold; and(b)the strategies or practices proposed
in the application toprogressivelyimprovetheefficiencyoftheapplicant’sPage 328Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 313]recycling
activity will enable the applicant to achieve arecycling
efficiency during the period of the exemptionthat is as close
to the recycling efficiency threshold as isreasonably
practical in the circumstances.(6)A
failure to make a decision within a period that is
reasonableinthecircumstancesistakentobeadecisionbythechiefexecutive to refuse the application.(7)In this section—recycling
efficiency thresholdmeans—(a)foramaterialrecoveryfacility—85%ofthefeedstockfor a recycling
activity is not disposed of as landfill as aresult of the
activity; or(b)for the Cairns Bedminster facility—45%
of the feedstockfor a recycling activity is not disposed of
as landfill as aresult of the activity.313Grant of application(1)If
the chief executive grants a transition period exempt
residuewaste application, the chief executive
must—(a)in addition to any other conditions,
impose a conditionon the approval either—(i)requiring the applicant maintain as a
minimum astated recycling efficiency; or(ii)limitingtheamountofresiduewastethatwillattract the discount rate in a period,
including, forexample,asastatedproportionoftheamountofwastethatisusedasfeedstockfortherecyclingactivity in the
period; and(b)givetheapplicantnoticeofthegrantstatingthefollowing—(i)the
application has been granted;(ii)the
period for which the residue waste identified inthe
application is approved to be exempt waste;Current as at
[Not applicable]Page 329
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 16 Other transitional
provisions[s 314](iii)any
conditions imposed on the approval, includinganylimitsonthetypesandamountsofresiduewaste that may
be disposed of as exempt waste inthe period
mentioned in subparagraph (ii);(iv)anyconditionsprescribedbyregulationapplyingto
the approval.(2)If the application relates to the
Cairns Bedminster facility, theperiodmentionedinsubsection(1)(b)(ii)mustnotbemorethan
3 years.(3)The notice must include or be
accompanied by an informationnoticeforthedecisiontoimposeaconditionunlesstheconditionisthesame,orsubstantiallythesame,asacondition agreed to or asked for by
the applicant.(4)The approval is subject to any
conditions imposed by the chiefexecutive and
any conditions prescribed by regulation.(5)In
this section—recycling efficiencymeans a
percentage of the feedstock for arecycling
activity that is not disposed of as landfill as a resultof
the activity.314Refusal of applicationIfthechiefexecutiverefusesatransitionperiodexemptresiduewasteapplication,thechiefexecutivemustgivetheapplicant an information notice for
the decision.315Cancellation or amendment of approval
by chiefexecutive(1)Thechiefexecutivemaycanceloramendanapprovalthatresidue waste is exempt waste granted under
section 312 if thechiefexecutiveconsiderstherearereasonablegroundstocancel or amend it.(2)Without limiting subsection (1), the
grounds for cancelling oramending the approval may
include—Page 330Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 315]Notauthorised—indicativeonly(a)that the chief executive is satisfied
there is a reasonablesuspicion that the approval holder has
not implementedstrategiesorpracticestoprogressivelyimprovetheefficiency of the holder’s recycling
activities during theperiod of the approval; and(b)that the chief executive is satisfied
there is a reasonablesuspicion that the application was
granted because of afalse or misleading representation or
declaration; and(c)the circumstances that were relevant
to the granting ofthe application have changed; and(d)thatthelimitsorconditionsoftheapprovalhavenotbeen complied with; and(e)that it is desirable to cancel the
approval having regardto the objects of this Act.(3)Beforecancellingoramendingtheapproval(theproposedaction),
the chief executive must give notice to the holder ofthe
approval stating the following—(a)the
proposed action;(b)the grounds for taking the proposed
action;(c)the facts and circumstances that form
the basis for thegrounds;(d)when
the proposed action is intended to take effect;(e)that
the holder may make, within a stated period, writtensubmissions to show why the proposed action
should notbe taken.(4)The
stated period for submissions must not end earlier than21
days after the holder of the approval is given the notice.(5)The chief executive must consider all
submissions made undersubsection (3)(e).(6)If
the chief executive decides to take the proposed action, thechief executive must, within 10 business
days after making thedecision,givetheholderoftheapprovalaninformationnotice for the
decision.Current as at [Not applicable]Page
331
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 16 Other transitional
provisions[s 316](7)The
decision takes effect when the information notice is givento
the holder of the approval.316Automatic cancellation of approvalAnapprovalthatresiduewasteisexemptwaste,grantedunder section
312, is automatically cancelled if the businessof conducting
the recycling activity relevant to the approvalceasestobeownedbytheentitygrantedtheapproval,including, for
example, because ownership of the business istransferred to
another entity.Division 2Exemption from
weighbridgerequirements for particular sitesuntil 30 June 2029317Application for exemption from s 57 until 30
June 2029(1)Thissectionappliestotheoperatorofalevyablewastedisposal site in existence at the
commencement for which theoperator holds an environmental
authority for the disposal ofnot more than
1,000 tonnes of waste in a year at the site.(2)The
operator may apply to the chief executive for exemptionfrom
the requirements under section 57 during the transitionperiod.(3)The
application must—(a)be made before 1 January 2024;
and(b)be in the approved form.(4)In this section—transition
periodmeans the period starting at the
beginningof 1 July 2024 and ending at the end of 30
June 2029.Page 332Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 318]318Chief executive may require additional
information ordocuments(1)Within28daysafterreceivinganapplicationmadeundersection317,thechiefexecutivemay,bynoticegiventotheapplicant,requiretheapplicanttogivethechiefexecutivefurtherreasonableinformationordocumentsabouttheapplication by a reasonable day stated
in the notice.(2)The application is taken to be
withdrawn if the applicant doesnotgivethechiefexecutivethefurtherinformationordocuments by the stated day.319Deciding application(1)The chief executive must decide either
to grant or to refuse anapplicationmadeundersection317withinaperiodthatisreasonable in the
circumstances.(2)Indecidingtheapplication,thechiefexecutivemustconsider—(a)the objects of this Act; and(b)the information included in the
application.(3)A failure to make a decision within a
period that is reasonableinthecircumstancesistakentobeadecisionbythechiefexecutive to refuse the application.320Grant of application(1)Ifthechiefexecutivegrantsanapplicationmadeundersection317,thechiefexecutivemustgivetheapplicantanotice stating—(a)the
application has been granted; and(b)any
conditions imposed on the approval.(2)Also,ifthechiefexecutiveimposesaconditionontheapproval,thenoticemustincludeorbeaccompaniedbyaninformation notice for the decision to
impose the condition.Current as at [Not applicable]Page
333
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Chapter 16 Other transitional
provisions[s 321](3)However, subsection (2) does not apply to a
condition that issubstantially the same as a condition agreed
to or asked for bythe applicant.321Refusal of applicationIfthechiefexecutiverefusesanapplicationmadeundersection317,thechiefexecutivemustgivetheapplicantaninformation notice for the decision.Division 3Other
matters322Exemption from using weighbridge for
stated period instated circumstancesUntiltheendof30June2020,theoperatorofawastedisposal site is
not obliged to use a weighbridge to measurewaste or other
material as required under section 59 if—(a)theoperatorhas,beforethecommencement,giventhechiefexecutivewrittennoticethatitisnotpracticableusetheweighbridgetomeasureandrecordwasteorother material at the site; and(b)the notice mentioned in paragraph (a)
identifies the siteand explains the steps the operator is
taking to ensure itwillbepracticabletousetheweighbridgetomeasureand record waste
or other material at the site by 1 July2020; and(c)the waste or other material is moved
in a vehicle with aGCM or GVM of 4.5 tonnes or less; and(d)theoperatorcomplieswiththeweightmeasurementrequirements
prescribed by regulation.Page 334Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 323]323Volumetric survey of levyable waste disposal
site to becarried out within stated period(1)Between4February2019andtheendofApril2019,theoperatorofalevyablewastedisposalsiteinthewastelevyzone
must—(a)ensure that a volumetric survey is
carried out for—(i)each active landfill cell at the site;
and(ii)all stockpiled
waste at the site; and(b)givethechiefexecutiveacopyoftheresultsofthesurvey in the approved form.Maximum penalty—200 penalty units.(2)The volumetric survey must be carried
out in compliance withthe requirements prescribed by
regulation.(3)The results of the volumetric survey
must—(a)be in electronic form; and(b)includeatopographicalplancomplyingwithspecifications advised by the chief
executive; and(c)include details of the
following—(i)the area of the levyable waste
disposal site;(ii)the site’s
landfill capacity;(iii)the stockpiles
of waste at the site; and(d)becertifiedasaccuratebyasurveyorundertheSurveyors Act 2003.(4)Aftercarryingoutthevolumetricsurveyunderthissection,theoperatormustensurethatacopyoftheresultsofthesurvey is kept as a document in hard
copy form at the levyablewastedisposalsiteforatleast5yearsafterthesurveyiscarried out.Maximum
penalty—200 penalty units.(5)Subsections
(6)and(7)applyiftheoperatorofalevyablewaste disposal site fails to comply with
subsection (1).Current as at [Not applicable]Page
335
Waste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 324](6)The
chief executive may arrange for the volumetric survey tobe
carried out at the site and for that purpose may direct anauthorised person to enter the site and
carry out the survey.(7)The chief
executive may recover the cost of carrying out thevolumetric survey from the operator as a
debt payable by theoperator to the State.Notauthorised—indicativeonly324Volumetric
survey of resource recovery area to be carriedout within
stated period(1)Between 4 February 2019 and the end of
April 2019, the entityhaving responsibility for the
operation of a resource recoveryarea
must—(a)ensurethatavolumetricsurveyiscarriedoutforallstockpiled waste
at the area; and(b)givethechiefexecutiveacopyoftheresultsofthesurvey in the approved form.Maximum penalty—200 penalty units.(2)The volumetric survey must be carried
out in compliance withthe requirements prescribed by
regulation.(3)The results of the volumetric survey
must—(a)be in electronic form; and(b)includeatopographicalplancomplyingwithspecifications advised by the chief
executive; and(c)include details of the
following—(i)the area of the resource recovery
area;(ii)the stockpiles
of waste at the area; and(d)becertifiedasaccuratebyasurveyorundertheSurveyors Act 2003.(4)Aftercarryingoutthevolumetricsurveyunderthissection,the entity must
ensure that a copy of the results of the survey iskept
as a document in hard copy form at the levyable wastedisposal site for at least 5 years after the
survey is carried out.Page 336Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Chapter 16 Other
transitional provisions[s 325]Maximum
penalty—200 penalty units.(5)Subsections (6)
and (7) apply if an entity having responsibilityfor
the operation of a resource recovery area fails to complywith
subsection (1).(6)The chief executive may arrange for
the volumetric survey tobecarriedoutattheresourcerecoveryareaandforthatpurpose may
direct an authorised person to enter the area andcarry out the survey.(7)Thechiefexecutivemayrecoverthecostofthevolumetricsurvey from the
entity as a debt payable by the entity to theState.325Temporary relaxation from s 59
measuring requirementsfor small siteUntil the end of
30 June 2021, the operator of a small site isnot obliged to
measure waste as required under section 59 if—(a)theoperatorhas,beforethecommencement,giventhechief executive written notice of a
proposed alternativemethodology for measuring and
recording waste at thesite; and(b)the
notice mentioned in paragraph (a) identifies the siteandincludesdetailsoftheproposedalternativemethodology;
and(c)theproposedalternativemethodologyenablestheoperatortofairlyworkoutthetotalofthewastelevyamount owing to
the chief executive on waste delivered,or moved from
stockpile to landfill, at the site; and(d)theoperatorisimplementingthealternativemethodology in
accordance with its terms.Current as at [Not applicable]Page
337
Waste
Reduction and Recycling Act 2011ScheduleScheduleDictionarysection 7Notauthorised—indicativeonlyaccredited product stewardship
schemesee section 87(2).acidsulfatesoilmeanssoilorsedimentcontainingironsulfides that produces sulphuric acid when
exposed to air.active landfill cellsee section
26.advertising materialsee section
105.alternative shopping bagsee section
99B(3).amend, an end of
waste approval, for chapter 8, see section156.amendment application—(a)for chapter 4, part 5—see section
102P(1); or(b)for chapter 8, part 3—see section
173M(1).applicant, for chapter 4,
part 5, division 2, see section 102E.appropriately
qualified—1Appropriately
qualified, for an entity to whom a powerunderthisActmaybedelegated,includeshavingthequalifications,experienceorstandingappropriatetoexercise the power.Example of
standing—a person’s classification level in the
public service2Ifthepowermaybesubdelegatedbyalocalgovernment,thefollowingareappropriatelyqualifiedentities for the subdelegation—(a)the local government’s mayor;(b)astandingcommitteeorachairpersonofastanding committee of the local
government;(c)the local government’s chief executive
officer;Page 338Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Schedule(d)an employee of the local government,
having thequalifications,experienceorstandingappropriateto exercise the
power.Example of standing for paragraph
(d)—the employee’s classification level in the
local governmentapproval, for chapter
8A, see section 173R(1).approved formmeans a form
approved by the chief executiveunder section
270.approved programsee section
86.authorisedpersonmeansapersonholdingofficeasanauthorised person under an appointment
under section 183.bad debt credit, for chapter 3,
see section 72K(1).bad debt credit application,
for chapter 3, see section 26.banned plastic
shopping bagsee section 99B(1).beverage,
for chapter 4, part 3B, see section 99L.beverage
product, for chapter 4, part 3B, see section
99N(1).business associate, of a
corporation—(a)means—(i)a
member or shareholder of the corporation; or(ii)a
person who otherwise holds a beneficial interestin
the corporation; or(iii)another person
whom the chief executive believesis associated
with the ownership or management ofthecorporationorisinapositiontocontrolorinfluence the affairs of the corporation;
but(b)does not include an executive officer
of the corporation.businessdaysdoesnotincludeabusinessdaythatoccursduringtheperiodstartingon20Decemberinayearandending on 5 January in the following
year.chief executive officer, of a State
entity, see section 132.Current as at [Not applicable]Page
339
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Scheduleclean
earthmeans earth that is not contaminated with
wasteorotherwisecontaminatedwithahazardouscontaminant,and is not acid
sulfate soil.commencement, for chapter
15, part 1, see section 272.commercialandindustrialwastemeanswastethatisprescribedunderaregulationascommercialandindustrialwaste.compliance notice, for chapter
11, see section 248(1).container, for chapter 4,
part 3B, see section 99M.container approval, for a beverage
product, for chapter 4, part3B, see section
99ZN.container collection agreementsee
section 99ZA(1).container recovery agreementsee
section 99Q.container refund pointsee section
99K.container refund schememeans the
container refund schemeestablished under chapter 4, part
3B.controlledwasteNEPMmeanstheNationalEnvironmentProtection(MovementofControlledWastebetweenStatesand
Territories) Measure, made by the National EnvironmentProtectionCouncilundertheNationalEnvironmentProtection
Council Act 1994(Cwlth).convictionincludes a
finding of guilt or the acceptance of apleaofguiltybyacourt,whetherornotaconvictionisrecorded.correspondingjurisdictionmeansajurisdictioninwhichacorresponding law is in force.corresponding lawmeans a law of
another jurisdiction that—(a)establishes a
corresponding scheme; and(b)is prescribed by
regulation for this definition.corresponding
schememeans a scheme established under alaw
of another jurisdiction that, for that jurisdiction—(a)regulates the supply of beverages in
containers; andPage 340Current as at
[Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Schedule(b)provides for a refund to be paid for
the return of emptybeverage containers to a particular person
or place.criminalhistory,ofaperson,meanstheperson’scriminalhistorywithinthemeaningoftheCriminalLaw(Rehabilitation of Offenders) Act
1986.deliver toincludes deposit
at.deposit, waste, at a
place, means—(a)throw, drop or otherwise put the waste
at, in or on theplace; or(b)leave the waste at, in or on the place;
or(c)deal with the waste in a way that
causes or allows it tofall, blow, wash or otherwise escape
onto the place; orExamples for paragraph (c)—A
person transports waste in a trailer on a road in a way thatcauses the waste to be blown out of the
trailer and onto the road,or leaves waste on private land where
it is then washed by rainonto a road.(d)dispose of the waste to landfill at the
place.disaster, for chapter 3,
see section 26.disaster management waste,
for chapter 3, see section 26.disaster
situation, for chapter 3, see section 26.discountedrate,forthewastelevyforresiduewaste,seesection 44(4).disposal, in
relation to waste, see section 8.disposal ban
wastesee section 100(4).disposal
order, for chapter 10, see section 231(2).document,requiredtobekeptunderthisAct,includesanyrecord or return required to be kept under
this Act.documentcertificationrequirement,forchapter10,seesection 234(6).documentproductionrequirement,forchapter10,seesection 234(2).Current as at
[Not applicable]Page 341
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Scheduledomestic
premisesmeans either—(a)a
single unit private dwelling; or(b)premises containing 2 or more separate
flats, apartmentsor other dwelling units.dredge
spoil, for chapter 3, see section 26.due
date for payment, of a waste levy amount, for chapter
3,see section 26.earthmeans natural materials such as clay,
gravel, sand, soiland rock.electronic
document, for chapter 10, see section 181.eligible company, for chapter 4,
part 5, see section 102B.eligible individualmeans an individual who—(a)isnotinsolventunderadministrationundertheCorporations Act, section 9;
and(b)isnotdisqualifiedfrommanagingcorporations,underthe
Corporations Act, part 2D.6; and(c)doesnothaveaconviction,otherthanaspentconviction, for
an offence against—(i)this Act; or(ii)a
provision of a corresponding law; or(iii)aprovisionoftheEnvironmentalProtectionActrelating to a waste management ERA;
and(d)doesnothaveaconviction,otherthanaspentconviction, for
an indictable offence against another law.end of waste
approval, for chapter 8, see section 159(2).end
of waste code, for chapter 8, see section 159(1).environmentalauthoritymeansanenvironmentalauthorityunder the Environmental Protection
Act.environmentallysignificantcharacteristicmeansacharacteristicmentionedinthecontrolledwasteNEPM,schedule A, list
2.Page 342Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011ScheduleNotauthorised—indicativeonlyenvironmentalnuisanceseetheEnvironmentalProtectionAct, section
15.Environmental Protection Actmeans—(a)for
chapter 15, part 1—see section 272; or(b)otherwise—theEnvironmental
Protection Act 1994.executive officer, of a
corporation, means—(a)if the corporation is the Commonwealth
or a State—achiefexecutiveofadepartmentofgovernmentorapersonwhoisconcernedwith,ortakespartin,themanagement of a
department of government, whateverthe person’s
position is called; or(b)if paragraph (a)
does not apply—a person who is—(i)amemberofthegoverningbodyofthecorporation;
or(ii)concerned with,
or takes part in, the corporation’smanagement;whatever the
person’s position is called and whether ornot the person
is a director of the corporation.exempt
wastesee section 26.exempt waste
application, for chapter 3, see section 26.existing approval, for chapter
15, part 1, see section 272.existinggeneralapproval,forchapter15,part1,seesection 272.existingspecificapproval,forchapter15,part1,seesection 272.external
review, for a decision, means a review of the
decisionby QCAT under the QCAT Act.extraordinary circumstances exemptionsee
section 99ZY(2).feedstock, for a
recycling activity, for chapter 3, see section26.final review reportsee section
22(1).forfeiture order, for chapter
10, see section 227(1).Current as at [Not applicable]Page
343
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Scheduleformer
owner, for chapter 10, see section 226(1).friableasbestos-containingmaterial,forchapter3,seesection
26.GCMseetheTransportOperations(RoadUseManagement—VehicleRegistration)Regulation2010,schedule 8.general
littering provisionmeans section 103.general
power, for chapter 10, see section 211(1).goodsmeans goods that
are intended to be used, or are of akind likely to
be used, for personal, domestic or household useor
consumption.GVMsee theTransport
Operations (Road Use Management)Act 1995,
schedule 4.hazardouscontaminantseetheEnvironmentalProtectionAct, schedule
4.help requirement, for chapter
10, see section 212(1).identity card, for chapter
10, see section 181.illegal dumping of waste
provisionmeans section 104.impact, in
relation to a product, means the product’s impact,fromtheperspectiveofwasteandresourcemanagement,throughout the
life cycle of the product.information notice, for a
decision, means a notice stating—(a)the
decision; and(b)the reasons for the decision;
and(c)the review details.information requirement, for chapter
10, see section 237(3).infringement noticesee
theState Penalties Enforcement Act1999, schedule
2.internal review application,
for chapter 9, see section 175.internal review
decision, for chapter 9, see section
178(1)(b).landincludes—Page
344Current as at [Not applicable]
Waste
Reduction and Recycling Act 2011ScheduleNotauthorised—indicativeonly(a)the airspace above land; and(b)land that is, or is at any time,
covered by waters; and(c)waters.lawfullymanagedandtransported,forasbestosorwastecontaining
asbestos, for chapter 3, see section 26.levyable
waste, for chapter 3, see section 26.levyable waste disposal sitesee
section 26.levy period, for chapter 3,
see section 26.manufacturer, of a beverage
product, see section 99O.material environmental harm,
for chapter 8, see section 156.material
recovery agreementsee section 99ZF.material
recovery facility, for chapter 4, part 3B, see section99ZE.monitoring
system, for chapter 3, see section 62.motorvehicleseetheTransportOperations(RoadUseManagement) Act 1995,
schedule 4.newspapermeans a paper or
pamphlet that—(a)contains—(i)public news, information or occurrences;
or(ii)remarksorobservationsonpublicnews,information or occurrences; and(b)is printed for sale or distribution;
and(c)ispublishedperiodicallyorinpartsornumbersatintervalsofnotmorethan31daysbetweenthepublication of any 2 of the papers,
pamphlets, parts ornumbers;but does not
include a paper or pamphlet that contains onlymaterial that is
totally commercial in nature.non-friable
asbestos-containing material, for chapter 3,
seesection 26.non-levy
zonesee section 26.Current as at
[Not applicable]Page 345
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Schedulenoticemeans a written notice.occupier, of
a place, includes a person who exercises or mayexerciselawfulauthorityorcontrolinrelation tothe
place,and includes a person apparently in charge
of the place.offence warning, for chapter
10, see section 181.operator, of a container
refund point that is a reverse vendingmachine, for
chapter 4, part 3B, see section 99K.operator, of
a waste facility, means the person who controls,andeffectivelyhasresponsibilityfor,theoperationofthewastefacility,including,forexample,accordingtothecircumstances,
any of the following—(a)the
State;(b)a local government;(c)a public authority;(d)a corporation;(e)an
individual.Organisationmeans the
company appointed under chapter 4,part5astheProductResponsibilityOrganisationforthecontainer refund scheme.original decision, for chapter 9,
see section 178(1)(a).owner, for chapter
10, see section 181.packagingNEPMmeanstheNationalEnvironmentProtection (Used
Packaging Materials) Measure, made by theNational
Environment Protection Council under theNationalEnvironment Protection Council Act
1994(Cwlth).participant, in a product
stewardship scheme, means a personwho has agreed
to participate in the scheme.passengerdeclaration,foravehiclelitteringorillegaldumpingoffence,meansastatutorydeclaration,madebyaprescribed
person for the offence, stating—(a)thatthepersonwasnotthepersonwhodepositedthewaste; andPage 346Current as at [Not applicable]
Notauthorised—indicativeonlyWaste
Reduction and Recycling Act 2011Schedule(b)the name and address of the person who
deposited thewaste.personaldetailsrequirement,forchapter10,seesection 232(5).person in
control, for chapter 10, see section 181.placeincludes
premises and a place, including a public place,on land.Note—This Act adopts
a definition oflandthat includes
waters.planning entitysee section
139.polluter pays principlesee section
10(1).premisesincludesabuildingandthelandonwhichthebuilding is situated, and also includes any
of the following—(a)vacant land;(b)a
vacant house;(c)abuildingthatisforsaleorrentandthatisclearlysigned as being
for sale or rent;(d)a dwelling house or other building
under construction.prescribed person, for a vehicle
littering or illegal dumpingoffence,
means—(a)thepersoninwhosenamethevehicleassociatedwiththecommissionoftheoffenceisregisteredunderaregistration Act; or(b)a person named in a known user
declaration or a soldvehicledeclarationundertheStatePenaltiesEnforcement Act 1999in relation to
the offence.prescribed provision, for chapter
11, see section 245.priorityproductmeansaproductstatedtobeapriorityproductunderthepriorityproductstatementascurrentlyinforce.priority
statementmeans the document approved and
gazettedas the priority statement under chapter 4,
part 2.Current as at [Not applicable]Page
347
Waste
Reduction and Recycling Act 2011ScheduleNotauthorised—indicativeonlyPage 348prioritywastemeansacategoryofwastestatedtobeaprioritywasteundertheprioritystatementascurrentlyinforce.produceincludes manufacture or otherwise
provide.producer, for chapter 4,
see section 74A.product—(a)means a product that has reached the
end of its usefullife; and(b)includesaproductthathasnotbeenusedandanypackaging for the product.product stewardship principlesee
section 13.product stewardship schemesee
section 83.progressive capping, for chapter 3,
see section 26.progressive cappingsee section
26.proposed action—(a)for chapter 4, part 5, division 4—see
section 102X(1); or(b)for chapter 8A—see section
173ZB(1).proximity principlesee section
12.public placemeans—(a)a place, or part of the place—(i)the public is entitled to use, is open
to members ofthe public or is used by the public, whether
or noton payment of money; orExamplesofaplacethatmaybeapublicplaceundersubparagraph (i)—a beach, a park,
a road(ii)theoccupierofwhichallows,whetherornotonpayment of
money, members of the public to enter;orExamplesofaplacethatmaybeapublicplaceundersubparagraph
(ii)—a saleyard, a showgroundCurrent as at
[Not applicable]
Waste
Reduction and Recycling Act 2011ScheduleNotauthorised—indicativeonly(b)a place that is a public place under
another Act.reasonablybelievesmeansbelievesongroundsthatarereasonable in the
circumstances.reasonablysuspectsmeanssuspectsongroundsthatarereasonable in the
circumstances.recipient, for chapter
12, see section 253(1).recovery amount, for a quantity
of containers, for chapter 4,part 3B, see
section 99ZG.recovery amount protocol, for chapter 4,
part 3B, see section99ZK.recycling
activityincludes—(a)re-using waste resources; and(b)recycling waste resources to make the
same or differentproducts; and(c)recovering waste resources, including
extracting energyfrom those resources.recyclingefficiencythresholdmeansthepercentageoffeedstock used for a recycling activity that
is not disposed ofas landfill as a result of the
activity.refund amount, for chapter 4,
part 3B, see section 99K.refund declaration, for chapter 4,
part 3B, see section 99T(2).refund
marking, for chapter 4, part 3B, see section
99K.registered, for a
container, for chapter 4, part 3B, see section99K.registeredoperator,ofavehiclethatisamotorvehicle,meanstheregisteredoperatorofthevehicleundertheTransport Operations (Road Use Management)
Act 1995.registered resource producer,
for an end of waste code, forchapter 8, see
section 156.registration Actsee theState Penalties Enforcement Act 1999,schedule 2.regulated
product stewardship schemesee section 85.Current as at
[Not applicable]Page 349
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Scheduleregulatedwastemeanswastethatisprescribedunderaregulation as regulated waste.relevant waste, for a planning
entity, see section 139.repealedlitteringprovisionsmeansthefollowingrepealedprovisions of the Environmental Protection
Act—(a)chapter 8, part 3A;(b)section 474A.repealed
provision, for chapter 15, part 1, see section
272.repealedwastemanagementpolicymeanstherepealedEnvironmental
Protection (Waste Management) Policy 2000.reporting entitysee section
150.residue wastesee section
26.residuewastediscountingapplication,forchapter3,seesection 44(1).resource,
for chapter 8, see section 155.resource
recovery areasee section 72R.resource
user, for chapter 8, see section 155(3).retailersee section
99C.reverse vending machine, for chapter 4,
part 3B, see section99K.review
details, for an information notice for a decision,
meansa statement in the information notice as
follows—(a)that the person given the notice may
apply for a reviewof the decision to which the notice relates
under chapter9, part 1;(b)abouttheperiodortimeallowedformakingtheapplication for a review;(c)about how to apply for a
review.roadmeans—(a)an area of land dedicated to public
use as a road; orPage 350Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011ScheduleNotauthorised—indicativeonly(b)anareathatisopentoorusedbythepublicandisdeveloped for, or has as 1 of its main
uses, the driving orriding of motor vehicles; or(c)a bridge, culvert, ferry, ford, tunnel
or viaduct; or(d)a pedestrian or bicycle path;
or(e)apartofanarea,bridge,culvert,ferry,ford,tunnel,viaduct or path
mentioned in any of paragraphs (a) to(d).schememeans the
container refund scheme.scheme invitationsee section
78(1).scheme manager, for a product
stewardship scheme, meansthe entity identified in the scheme as
the scheme manager forthe scheme.section 325
small site, for chapter 3, see section 26.sector of planning entitiessee
section 139(2).sector of reporting entitiessee
section 150(2).sectorwaste,forasectorofplanningentities,seesection 139(9).secure delivery
provisionmeans section 108.sellincludessupplyfreeofchargeforacommercialorpromotional purpose.serious
environmental harm, for chapter 8, see section 156.show
cause notice—(a)for chapter 4,
part 5, division 4—see section 102X(3); or(b)for
chapter 8A—see section 173ZB(2); or(c)for
chapter 11—see section 246(2).show cause
period—(a)for chapter 4,
part 5, division 4—see section 102X(4)(f);or(b)for chapter 8A—see section
173ZB(3)(f).small sitesee section
26.Current as at [Not applicable]Page
351
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Schedulespent
convictionmeans a conviction—(a)for
which the rehabilitation period under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expiredunder that Act; and(b)that
is not revived under section 11 of that Act.state
entitysee section 132.technicaladvisorypanel,forchapter8,part2,seesection173G.type, of a
container, for chapter 4, part 3B, see section 99N(2).unlawful delivery provisionmeans section 107.unsolicitedadvertisingmaterial,forpremises,seesection 106.untreated
timbermeans timber that has not been painted
ortreatedwithchemicalpreservativestoprotectitagainstdamagefrominsects,fungus,rotortheweatherorotherinfestations or
damage.user pays principlesee section
11(1).vehicle—(a)means a vehicle under theTransport Operations (RoadUse
Management) Act 1995; and(b)includes a vessel under that Act.vehiclelitteringorillegaldumpingoffenceseesection 113(2).vehicle
littering or illegal dumping reportsee section
118(1).voluntary product stewardship schemesee
section 84.wastesee the
Environmental Protection Act, section 13.waste and
resource management hierarchysee section
9.wasteandresourcemanagementprinciplesseesection 4(2)(b).waste
audit, for chapter 12, see section 253(1).waste data return, for chapter 3,
see section 72(1).Page 352Current as at
[Not applicable]
Waste
Reduction and Recycling Act 2011ScheduleNotauthorised—indicativeonlywaste disposal sitesee section
8A.waste facility—1Awastefacilityisafacilityfortherecycling,reprocessing,treatment,storage,incineration,conversion to
energy, sorting, consolidation or disposal(including by
disposal to landfill) of waste.2However, awaste
facilitydoes not include a facility thatis
lawfully operated for the sole purpose of disposing ofwaste generated by an environmentally
relevant activitycarried out under the Environmental
Protection Act (therelevant activity), if—(a)the waste is generated only by, and
its generation isancillary to, the operation of the relevant
activity;and(b)therelevantactivityisnotawastemanagementERA; and(c)the facility is operated by or for the
entity carryingout the relevant activity; and(d)thefacilityisauthorisedunderthesameenvironmental
authority as the relevant activity.waste
levysee section 36.waste levy
amountsee section 26.waste levy
instalment agreement,forchapter3,seesection72B(1).waste levy zonesee section
26.wastemanagementERAmeansanyofthefollowingactivitiestotheextenttheactivityisprescribedundertheEnvironmental Protection Act as an
environmentally relevantactivity—(a)metal recovery;(b)crushing, milling, grinding or screening of
materials;(c)battery recycling;(d)composting and soil conditioner
manufacturing;Current as at [Not applicable]Page
353
Notauthorised—indicativeonlyWaste Reduction and Recycling Act
2011Schedule(e)drum
and container reconditioning;(f)regulated waste recycling or
reprocessing;(g)regulated waste storage;(h)regulated waste transport;(i)regulated waste treatment;(j)tyre recycling;(k)waste disposal;(l)waste incineration and thermal
treatment;(m)operation of a waste transfer
station.waste management strategy,
for the State, means the State’swaste management
strategy under this Act.waste reduction and recycling
plansee section 120.waste reduction
and recycling plan obligation—(a)for a local government, means the
local government’sobligation under section 123; and(b)foraplanningentity,meanstheplanningentity’sobligation under section 141; and(c)foraStateentity,meanstheStateentity’sobligationunder section
133.waste report, for chapter
12, see section 253(1).weight measurement criteria,
for chapter 3, see section 26.Page 354Current as at [Not applicable]